Judge: Mark E. Windham, Case: 22STCP03494, Date: 2023-01-30 Tentative Ruling

Case Number: 22STCP03494    Hearing Date: January 30, 2023    Dept: 26

Bartenetti v. Yee, et al.

PETITION 

TENTATIVE RULING:

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

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

ANALYSIS:

On September 26, 2022, Plaintiffs Philip W. Bartenetti, Scott B. Howard, and Timothy P. Walbridge, co-trustees of the Donald C. Parker Separate Property Trust Dated June 10, 1987, as Amended and Restated (“Plaintiffs”) filed the instant action against Defendant Betty T. Yee, Controller of the State of California (“Defendant”). Although filed as a Complaint, the matter was incorrectly set for hearing on Petition on January 30, 2023. The Complaint seeks a judicial determination regarding certain funds alleged to be in the State Controller’s Unclaimed Property records and an order that Defendant draw a warrant on the Treasurer of the State of California for said funds. (Compl., Prayer at pp. 6:14-7:13.)

The Limited Jurisdiction Court, however, lacks jurisdiction to issue declaratory or injunctive relief. (Code Civ. Proc., §§ 85, 86.) Therefore, the hearing on the Petition 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.