Judge: Katherine Chilton, Case: 19STLC00783, Date: 2023-05-02 Tentative Ruling

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Case Number: 19STLC00783     Hearing Date: May 2, 2023    Dept: 25

PROCEEDINGS:      MOTION TO RECLASSIFY AND FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

 

MOVING PARTY:   Plaintiff Dave Koch

RESP. PARTY:         Defendant Darcie Heyes

 

MOTION TO RECLASSIFY AND FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

 

TENTATIVE RULING:

 

Plaintiff/Cross-Defendant’s Motion to Reclassify and For Leave to File First Amended Complaint is DENIED without prejudice.   

 

SERVICE: 

 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

 

OPPOSITION:          Filed 4/17/23

REPLY:                     None

 

ANALYSIS:

 

I.                Background

 

On January 22, 2019, Plaintiff Dave Koch filed a complaint against Defendant Darcie Heyes, seeking the return of his security deposit.  On March 13, 2019, Defendant Heyes filed an answer and a cross-complaint against Koch.  Koch filed an answer to the cross-complaint on April 8, 2019. 

 

Trial is set for June 21, 2023.

 

On February 9, 2023, Plaintiff Koch filed the instant Motion to Reclassify and For Leave to File First Amended Complaint.  Heyes filed an opposition on April 17, 2023. No reply has been filed. 

 

 

II.              Discussion

 

Plaintiff Koch has filed two separate motions but combined them into one pleading: (1) a Motion to Reclassify and (2) a Motion for Leave to File First Amended Complaint.  The Court Reservation System requires a separate hearing date reservations and filing fees for each motion. Filing two motions but paying only one motion filing fee circumvents the Court’s requirements. Filing fees are jurisdictional and it is mandatory for court clerks to demand and receive them.  (See Duran v. St. Luke’s Hospital (2003) 114 Cal. App. 4th 457, 460; Govt Code Sec. 70617(a)(f)).  Accordingly, Plaintiff’s Motion(s) are DENIED without prejudice.

 

III.            Conclusion

 

Plaintiff/Cross-Defendant’s Motion to Reclassify and For Leave to File First Amended Complaint is DENIED without prejudice.   

 

Moving party is ordered to give notice.