Judge: Katherine Chilton, Case: 22STLC08470, Date: 2023-03-14 Tentative Ruling

Case Number: 22STLC08470     Hearing Date: March 14, 2023    Dept: 25

PROCEEDINGS:      DEMURRER WITH MOTION TO STRIKE

MOVING PARTY:   Defendant PPG Industries, Inc.

RESP. PARTY:         None

DEMURRER WITH MOTION TO STRIKE

(CCP §§ 430.10, 435 et seq.)

TENTATIVE RULING:

The Demurrer with Motion to Strike filed by Defendant PPG Industries, Inc. is PLACED OFF CALENDAR.

On the Court’s own motion, the action is RECLASSIFIED as an unlimited jurisdiction case and transferred to the transfer/reclassification desk in Department 1 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:          None filed as of March 9, 2023.                           [   ] Late          [X] None

REPLY:                     None filed as of March 9, 2023.                           [   ] Late          [X] None

ANALYSIS:

I.                Background

On December 20, 2022, Plaintiff Ben Shahbaz (“Plaintiff”), in propria persona, filed an action against Defendant PPG. (“Defendant”) for violation of California’s Unfair Competition Law (Business and Professions Code §§ 17200 et seq., violation of California’s Consumer Legal Remedies Act (Civil Code §§ 1750 et seq.), quasicontractual restitution and unjust enrichment, and negligence.  (Compl. p. 1.)  Plaintiff makes the following request for relief: (1) award of actual damages and any other form of monetary relief allowed by law, (2) punitive damages, (3) award for restitution, (4) award for disgorgement, restitution, and other equitable relief as the Court deems proper, (5) prejudgment and post-judgment interest as allowed under law, (6) reasonable attorney’s fees and costs, and (7) any other relief the Court may deem just and proper.  (Compl. pp. 10-11.)

On February 10, 2023, Defendant PPG Industries, Inc. (erroneously sued as PPG.) filed the instant Demurrer with Motion to Strike.  On March 7, 2023, Defendant filed Notice of Non-Opposition to Demurrer with Motion to Strike.  No opposition has been filed.

II.              Legal Standard & Discussion

Before addressing the merits of the Demurrer, the Court notes that the remedies sought by Plaintiff are not the type of relief that a limited jurisdiction court, such as this one, can grant.  (Code Civ. Proc. §§ 85, 86.)  Plaintiff seeks equitable relief; however, the availability of equitable relief in a limited civil case is restricted by Code of Civil Procedure § 86(b).

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).  As Plaintiff was granted a fee waiver, no reclassification fee is required.

Accordingly, the matter is transferred to Department 1 for reassignment.

III.            Conclusion & Order

For the foregoing reasons,

The Demurrer with Motion to Strike filed by Defendant PPG Industries, Inc. 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 in Department 1 for review and reassignment.

Moving party is ordered to give notice.