Judge: Mark E. Windham, Case: 19STLC05245, Date: 2022-10-20 Tentative Ruling

Case Number: 19STLC05245    Hearing Date: October 20, 2022    Dept: 26

RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiffs Christian Garcia and Andrea Gonzalez’s Motion to Reclassify is DENIED.

ANALYSIS:

On May 30, 2019, Plaintiffs Christian Garcia and Andrea Gonzalez (“Plaintiffs”) filed the Complaint in this action against Defendant Jose A. Almanza (“Defendant”). Defendant filed an Answer on July 12, 2021.

Plaintiffs filed the instant Motion to Reclassify on June 24, 2022. Defendant filed an opposition on October 4, 2022.

Discussion

Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.)

In Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 278, the Court of Appeals examined the principles it set forth in Walker and held that “the court should reject the plaintiff's effort to reclassify the action as unlimited only when the lack of jurisdiction as an “unlimited” case is certain and clear.” (Id. at 279.) Plaintiff’s burden is to present evidence to demonstrate a possibility that the damages will exceed $25,000.00 and the trial court must review the record to determine “whether a judgment in excess of $25,000.00 is obtainable.” (Ibid.)

As the instant Motion to Reclassify was filed long after the time to amend the Complaint, Plaintiffs must show both that the case is incorrectly classified and good cause for the timing of the requested relief. Plaintiffs contend that their medical specials, lost wages, lost earning capacity, and pain and suffering damages will result in a judgment exceeding the jurisdictional limit of this court. The Motion, however, is not supported by any evidence of the damages Plaintiffs have purportedly incurred, such as declarations or exhibits. (Motion, pp. 3-4.) Plaintiffs, therefore, have not shown the possibility that they may obtain a judgment in excess of the jurisdictional limit of this Court.

Nor is the Motion supported by any evidence regarding good cause for the timing of the request to reclassify. This action was filed three-and-a-half years ago, yet Plaintiffs contend, without explanation, that they have been unable to obtain evidence of their own medical expenses, lost wages and lost earning capacity. (See id. at p. 4:19-24.) This is insufficient to demonstrate good cause for the timing of this Motion so late into the litigation.

Conclusion

Based on the foregoing, Plaintiffs Christian Garcia and Andrea Gonzalez’s Motion to Reclassify is DENIED.

Defendant to give notice.