Judge: Mark E. Windham, Case: 21STLC01515, Date: 2023-05-09 Tentative Ruling

Case Number: 21STLC01515    Hearing Date: May 9, 2023    Dept: 26

Credilogical Systems, LLC v. Salas, et al.

MOTION FOR DEFAULT PROVE-UP

TENTATIVE RULING:

PLAINTIFF CREDILOGICAL SYSTEMS, LLC’S MOTION TO PROVE-UP DEFAULT JUDGMENT IS PLACED OFF CALENDAR.

BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED. 

ANALYSIS:

On December 27, 2022, Plaintiff Credilogical Systems, LLC (“Plaintiff”) filed the instant action against Defendant Albert Joseph Salas (“Defendant”). The complaint alleges a single cause of action for judicial foreclosure and seeks various injunctive and declaratory relief. (Compl., p. 2:1-7.) Default was entered against Defendant on July 9, 2021. Plaintiff filed the instant motion to prove-up default judgment on March 16, 2023. However, the Limited Jurisdiction Court lacks jurisdiction to issue the injunctive and declaratory relief sought in the complaint. (See Code Civ. Proc., §§ 85, 86.)

Therefore, the hearing on the motion is placed off calendar and the case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

Court clerk to give notice.