Judge: Mark E. Windham, Case: 22STLC00767, Date: 2022-09-08 Tentative Ruling

Case Number: 22STLC00767    Hearing Date: September 8, 2022    Dept: 26

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

On October 6, 2022 at 10:00 am in Department 26 in the Spring Street Courthouse, the Court will hear the following matters:

(1)   ORDER TO SHOW CAUSE WHY THE COMPLAINT IN THIS ACTION SHOULD NOT BE DISMISSED AS BEYOND THE JURISDICTION OF THE LIMITED JURISDICTION COURT. THE PARTIES MAY FILE A RESPONSE TO THE OSC, NOT TO EXCEED 5 PAGES, BY SEPTEMBER 20, 2022.

(2)   DEFENDANTS JOSEPH SABET AND SABET DENTAL CORPORATION’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT. NO ADDITIONAL PAPERS ARE TO BE FILED.

(3)   DEFENDANTS JOSEPH SABET’S MOTION TO RECLASSIFY ACTION TO COURT OF UNLIMITED JURISDICTION. NO ADDITIONAL PAPERS ARE TO BE FILED.

SERVICE:                              

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

BACKGROUND: Action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition. Cross-action for promissory fraud and quantum meruit. 

REQUEST FOR RELIEF: Reclassify action to unlimited jurisdiction court based on the relief sought in the Complaint, which cannot be granted in the limited jurisdiction court.

OPPOSITION: The Cross-Complaint should be struck because it was not timely filed. The Special Motion to Strike is without merit. Plaintiff waives the request for declaratory relief and permanent injunctive relief.

REPLY: The Cross-Complaint effectively reclassified the action to the unlimited jurisdiction court, making the instant Motion to Reclassify moot.

ANALYSIS:

On February 4, 2022, Plaintiff Gerald V. Selvo (“Plaintiff”) filed the instant action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition against Defendants Joseph Sabet and Sabet Dental Corporation (“Defendants”). On April 26, 2022, Defendants filed the instant Motion to Reclassify Action. Defendant Sabet then filed a Cross-Complaint on May 2, 2022.

On May 18, 2022, the Court heard the Special Motion to Strike and Motion to Reclassify and took both matters under submission. (Minute Order, 05/18/22.) On May 19, 2022, the clerk filed a notice of reclassification, reassigning the action from the limited jurisdiction court to the unlimited jurisdiction court. (Notice of Reclassification, 05/19/22.) Also, on May 19, 2022, the Court issued its ruling by placing the Special Motion to Strike off calendar, continuing the Motion to Reclassify, and striking the Cross-Complaint on its own motion. (Minute Order, 05/19/22.) The Court specifically ruled: “The question of reclassification is continued to a later date in order to allow (1) Plaintiff to file an amended Complaint removing the requests for declaratory relief and injunctive relief; and (2) Defendant Joseph Sabet to file a motion for leave to file a cross-complaint.” (Id. at p. 3.)

On June 2, 2022, the case was reassigned back to the limited jurisdiction court.

To date, Plaintiff has not filed an amended Complaint as ordered. Also, Defendants filed a Motion for Leave to File Cross-Complaint on August 25, 2022 but did not make a reservation for it in the Court’s s online scheduling system. Instead, Defendants used the reservation number from the Motion to Reclassify and noticed the Motion for Leave to File Cross-Complaint on Friday, September 9, 2022. This department does not hear law and motion matters on Fridays.

Based on Plaintiff’s failure to file an amended Complaint, the Court will continue the hearing on the Motion to Reclassify and allow the Motion for Leave to File Cross-Complaint to be set for hearing. The Court also sets an Order to Show Cause why the Complaint in this action should not be dismissed as beyond the jurisdiction of the limited jurisdiction court.

Conclusion

Therefore, on October 6, 2022 at 10:00 am in Department 26 in the Spring Street Courthouse, the Court will hear the following matters:

(1)   ORDER TO SHOW CAUSE WHY THE COMPLAINT IN THIS ACTION SHOULD NOT BE DISMISSED AS BEYOND THE JURISDICTION OF THE LIMITED JURISDICTION COURT. THE PARTIES MAY FILE A RESPONSE TO THE OSC, NOT TO EXCEED 5 PAGES, BY SEPTEMBER 20, 2022.

(2)   DEFENDANTS JOSEPH SABET AND SABET DENTAL CORPORATION’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT. NO ADDITIONAL PAPERS ARE TO BE FILED.

(3)   DEFENDANTS JOSEPH SABET’S MOTION TO RECLASSIFY ACTION TO COURT OF UNLIMITED JURISDICTION. NO ADDITIONAL PAPERS ARE TO BE FILED.

Court clerk to give notice.