Judge: Kerry Bensinger, Case: BC717505, Date: 2023-05-16 Tentative Ruling

Case Number: BC717505    Hearing Date: May 16, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 16, 2023                         TRIAL DATE:  May 24, 2023

CASE:                         Asmik Agbaryan v. Daniel Harrell

CASE NO.:                 BC717505

MOTION TO RECLASSIFY TO LIMITED JURISDICTION

MOVING PARTY:               Plaintiff Asmik Abgaryan

RESPONDING PARTY:     No opposition

On August 10, 2018, Plaintiff Asmik Abgaryan filed this action against Defendant Daniel Harrell for injuries arising out of January 30, 2017 motor vehicle collision.  In his form Complaint, Plaintiff checked the box indicating that the action is an unlimited civil case.

            Plaintiff now moves to reclassify this action from unlimited to limited jurisdiction because his medical specials are approximately $18,000, which is less than the jurisdictional threshold.  Plaintiff further represents that he is unable to provide documentation or evidence substantiating more than $18,000. 

The Walker court delineated the standard for ordering a case transferred pursuant to Code of Civil Procedure section 396, holding that a matter may be transferred when: (1) the absence of jurisdiction is apparent before trial from the complaint, petition, or related documents, or (2) during the course of pretrial litigation, it becomes clear that the matter will necessarily result in a verdict below the superior court jurisdictional amount and the court affords the parties an opportunity to contest the transfer.  (Walker v. Superior Court (1991) 53 Cal.3d 257, 262.)  Even more appropriately, the test is whether lack of jurisdiction is clear or virtually unattainable.  (Id., at p. 269.)

Defendant has not filed an opposition and therefore concedes the merits of Plaintiff’s motion.  (See Cal. Rules of Court, Rule 3.1342, subd. (b).)  Moreover, Plaintiff makes an adequate showing that he cannot recover damages in excess of the jurisdictional limit. 

Accordingly, the motion is GRANTED.  The case is reclassified as a limited civil case for all purposes.

Moving party to give notice. 

IT IS SO ORDERED.

Dated:   May 16, 2023                                    ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.