Judge: Latrice A. G. Byrdsong, Case: 23STUD07666, Date: 2024-05-23 Tentative Ruling
Case Number: 23STUD07666 Hearing Date: May 23, 2024 Dept: 25
Hearing Date: Thursday, May 23, 2024
Case Name: PRIME/PARK
LABREA TITLEHOLDER, LLC v. LEVY
Case No.: 23STUD07666
Motion: to Reclassify (Walker Motion) from
Limited Civil to Unlimited Civil Jurisdiction
Moving Party: Plaintiff
Prime/Park LaBrea Titleholder, LLC
Responding Party: Unopposed
Notice: OK
The Court orders this action reclassified
from the Civil Limited Jurisdiction to the Civil Unlimited Jurisdiction Court,
upon payment of the appropriate reclassification fees.
Plaintiff
is ordered to pay the appropriate reclassification fees within ten (10) days of this Court’s order.
BACKGROUND
On June 26, 2023,
Plaintiff Prime/Park LaBrea Titleholder, LLC (“Plaintiff”), filed a Complaint
against Defendant Roanna Levy (“Defendant”) for Unlawful Detainer.
On April 17, 2024, Plaintiff filed the instant Motion to
Reclassify Limited Action to Unlimited Action. A timely opposition was due on
May 10, 2024. As of May 21, 2024, no opposition has been filed.
MOVING PARTY
POSITION
Plaintiff
argues the parties have already stipulated to reclassification in their
Unlawful Detainer Stipulation and Judgment filed on March 13, 2024. Specifically,
Plaintiff asserts due to the other monetary obligation on the tenancy ledger,
the total outstanding debt due to Plaintiff was $79,037.40. As such, Plaintiff
contends the Stipulation included a term to reclassify this matter to unlimited
jurisdiction. Furthermore, Plaintiff contends Defendant has already complied
with the vacate date therein, so possession is no longer at issue. Last,
Plaintiff asserts assuming the motion is granted, it seeks leave to pay the
reclassification fees following the hearing because it was not able to pay the
reclassification fee at the time the Stipulation was filed.
OPPOSITION
None filed as of
5/21/24.
REPLY
None filed as of
5/21/24.
ANALYSIS
I. Motion to Reclassify Limited Action to Unlimited
Jurisdiction
A.
Legal Standard
“The
plaintiff, cross-complainant, or petitioner may file a motion for reclassification
within the time allowed for that party to amend the initial pleading. The
defendant or cross-defendant may file a motion for reclassification within the
time allowed for that party to respond to the initial pleading. The court, on
its own motion, may reclassify a case at any time. A motion for
reclassification does not extend the moving party’s time to amend or answer or
otherwise respond. The court shall grant the motion and enter an order for
reclassification, regardless of any fault or lack of fault, if the case has
been classified in an incorrect jurisdictional classification.” (Code Civ.
Proc., § 403.040, subd. (a).)
“If
a party files a motion for reclassification after the time for that party to
amend that party’s initial pleading or to respond to a complaint,
cross-complaint, or other initial pleading, the court shall grant the motion
and enter an order for reclassification only if both of the following
conditions are satisfied: (1) The case is incorrectly classified…[and] (2) The
moving party shows good cause for not seeking reclassification earlier.” (Code
Civ. Proc., § 403.040, subd. (b)(1)-(2).)
B. Discussion
Here, Plaintiff moves for
an order reclassifying the instant case from limited jurisdiction to unlimited
jurisdiction. This motion is made on the grounds that Plaintiff’s damages in
this matter have exceeded the $35,000.00 threshold amount for a limited
jurisdiction case. Initially, the damages sought by Plaintiff against Defendant
was for $5,870.00. However, due to other monetary obligations on the tenancy
ledger, Defendant’s total outstanding debt owed to Plaintiff is $79,037.40.
Furthermore, possession is no longer at issue, so Plaintiff may amend the
initial pleading per Civil Code section 1952.3, subdivision (a)(1) and in
accordance with the reclassification statute. Finally, the parties have
stipulated to the reclassification of this matter per Code of Civil Procedure
section 403.050, subdivision (a).
Therefore, the Court finds
that reclassification of the instant action is proper.
II. Conclusion
Accordingly, Plaintiff Prime/LaBrea
Titleholder, LLC’s Motion to Reclassify this action from the Civil Limited Jurisdiction
to the Civil Unlimited Civil Jurisdiction Court
is GRANTED.
Plaintiff/Moving party is ordered to pay the appropriate
reclassification fees within ten (10) days of this Court’s order.
The Trial Setting Conference is
hereby taken off calendar.
Moving
party to give notice.