Judge: Katherine Chilton, Case: 22STLC08525, Date: 2023-03-27 Tentative Ruling

Case Number: 22STLC08525     Hearing Date: March 27, 2023    Dept: 25

PROCEEDINGS:      DEMURRER WITH MOTION TO STRIKE

MOVING PARTY:   Defendant Lori Butler

RESP. PARTY:         Plaintiffs Ricky Selby, Richard W. Selby

DEMURRER WITH MOTION TO STRIKE

(CCP §§ 430.10, 435 et seq.)

TENTATIVE RULING:

The Demurrer with Motion to Strike filed by Defendant Lori Butler 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.  Plaintiffs to pay the reclassification fee.

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 March 14, 2023.                                                [   ] Late          [   ] None

REPLY:                     None filed as of March 21, 2023.                           [   ] Late          [X] None

ANALYSIS:

I.                Background

On December 21, 2022, Plaintiffs Ricky Selby (“Ricky”) and Richard W. Selby (“Richard”), (collectively “Plaintiffs”) filed an action against Defendant Lori Butler, aka Sammy Butler (“Defendant”) for (1) recission (fraud), (2) recission (mistake), (3) recission (failure of consideration), (4) constructive trust, and (5) declaratory relief.

On February 28, 2023, Defendant filed the instant Demurrer with Motion to Strike (“Demurrer with MTS”).  On March 14, 2023, Defendants filed a joint Opposition to the Demurrer with MTS.  On March 16, 2023, Defendant filed an Amended Notice and Demurrer with Motion to Strike.  No additional oppositions have been filed.

II.              Legal Standard & Discussion

Before addressing the merits of the Demurrer, the Court notes that the causes of action listed in the Complaint are not the type of actions that can be brought in a limited jurisdiction court, such as this one.  (Code Civ. Proc. §§ 85, 86.)

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).  The matter is transferred to Department 1 for reassignment.  Plaintiffs to pay the reclassification fee.

III.            Conclusion & Order

For the foregoing reasons,

The Demurrer with Motion to Strike filed by Defendant Lori Butler 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.  Plaintiffs to pay the reclassification fee.

Moving party is ordered to give notice.