Judge: Loren G. Freestone, Case: 37-2019-00008106-CL-NP-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Limited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2019-00008106-CL-NP-CTL RODRIGUEZ VS RODRIGUEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Ricardo Rodriguez Jr.'s unopposed motion to reclassify is GRANTED as set forth below.

'The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. . . . 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).) Here, Defendant Ricardo Rodriguez did not file an answer and was defaulted. As Defendant never answered, the time to amend the complaint without leave of court has technically not yet expired. (See Code Civ. Proc., § 472, subd. (a).) Plaintiff also asserts that the 2017 Polaris at issue cost $27,600. The jurisdictional limit for limited civil cases was previously $25,000. (See former Code Civ. Proc., § 86, subd. (a).) During the pendency of this case, the jurisdictional limit for limited civil cases increased to $35,000. (See Code Civ. Proc., § 86, subd. (a)(1), as amended by Stats. 2023, ch. 861, § 3.) However, changes to the jurisdictional limits generally only apply prospectively. (See generally Dillon v. Superior Court (1950) 98 Cal.App.2d 437; Taylor v. Datig (1932) 123 Cal.App. Supp. 782.) Thus, as it stands, the case is incorrectly classified.

Upon reclassification, the court may 'require whatever amendment of the pleadings, filing and service of amended . . . pleadings, or giving of notice, or other appropriate action, as may be necessary for the proper presentation and determination of the action or proceeding as reclassified.' (Code Civ. Proc., § 403.070, subd. (b).) A change from limited civil to unlimited civil 'opens' a default. (See generally Leo v. Dunlap (1968) 260 Cal.App.2d 24.) A previously defaulted defendant must therefore be re-served in the manner provided for service of a summons and given another opportunity to answer. (See generally Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436.) For the reasons set forth above, the motion to reclassify is granted. As Plaintiff was granted a fee waiver, no reclassification fee shall be required. However, the default entered against Defendant is set aside. Plaintiff shall file a first amended complaint reflecting the new jurisdictional classification. The first amended complaint shall be served in the same manner provided for service of a summons, and Defendant shall have another 30 days to answer or otherwise respond.

Calendar No.: Event ID:  TENTATIVE RULINGS

3076190  39 CASE NUMBER: CASE TITLE:  RODRIGUEZ VS RODRIGUEZ [IMAGED]  37-2019-00008106-CL-NP-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

3076190  39