Judge: Katherine Chilton, Case: 22STLC03071, Date: 2022-09-26 Tentative Ruling

Case Number: 22STLC03071     Hearing Date: September 26, 2022    Dept: 25

PROCEEDINGS:      DEMURRER TO COMPLAINT

MOVING PARTY:   Defendants Margarita Skuratovsky and Konstantin Gurovich

RESP. PARTY:         Plaintiff Julia Sklar

DEMURRER

(CCP §§ 430.10)

TENTATIVE RULING:

Defendant Margarita Skuratovsky’s DEMURRER to the Complaint is PLACED OFF CALENDAR.  On the Court’s own motion, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for review and reassignment.

Defendant Konstantin Gurovich’s DEMURRER to the Complaint is PLACED OFF CALENDAR.  On the Court’s own motion, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for review and reassignment.

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 on September 12, 2022.                           [   ] Late                      [   ] None

REPLY:                     Filed on September 16, 2022.                           [   ] Late                      [   ] None

ANALYSIS:

I.                Background & Discussion

On May 3, 2022, Plaintiff Julia Sklar, dba Law Offices of Julia Sklar (“Plaintiff” or “Sklar”) filed an action against Konstantin Gurovich, dba Gurovich Law Group (“Gurovich”) and Margarita Skuratovsky (“Skuratovsky”), (collectively “Defendants”) for (1) money for quantum meruit, (2) conversion, (3) imposition of constructive trust (Civil Code § 2224), (4) unjust enrichment, and (5) declaratory relief.

On July 18, 2022, Defendant Gurovich filed a Declaration of Demurring or Moving Party in Support of Automatic Extension, seeking a 30-day extension to file a demurrer, motion to strike, or motion for judgment on the pleadings.

Defendant Skuratovsky filed a Demurrer to the Complaint on July 29, 2022, and Defendant Gurovich filed a Demurrer to the Complaint on August 18, 2022.

On September 12, 2022, Plaintiff filed an Opposition to both Demurrers and on September 16, 2022, Defendants filed a joint Reply to the Opposition.

Before addressing the merits of the Demurrer, the Court notes that Plaintiff seeks declaratory relief as its fifth cause of action.  (See Compl.)  Pursuant to Code of Civil Procedure § 580(b)(4), “[d]eclaratory relief, except as authorized by section 86,” is not permissible in a limited jurisdiction court.  Code of Civil Procedure § 86 permits an action for declaratory relief when it is brought by way of cross-complaint or when sought to conduct a trial after a nonbinding fee arbitration between an attorney and his client.  (Code Civ. Proc., § 86(a)(7).)  Neither applies here.

The Court finds this case was incorrectly classified as a limited jurisdiction action. Accordingly, the Court reclassifies this action to unlimited jurisdiction court on its own motion under Code of Civil Procedure § 403.040(a).  Petitioner is ordered to pay the reclassification fee within ten (10) days of this order.

II.              Conclusion & Order

For the foregoing reasons,

Defendant Margarita Skuratovsky’s DEMURRER to the Complaint is PLACED OFF CALENDAR.  On the Court’s own motion, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for review and reassignment. 

Defendant Konstantin Gurovich’s DEMURRER to the Complaint is PLACED OFF CALENDAR.  On the Court’s own motion, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for review and reassignment.

Plaintiff is ordered to pay the reclassification fee.

Moving party is ordered to give notice.