Judge: Mark E. Windham, Case: 22STLC02166, Date: 2022-12-21 Tentative Ruling

Case Number: 22STLC02166    Hearing Date: December 21, 2022    Dept: 26

McQuarn v. Select Portfolio Servicing, Inc., et al.

JUDGMENT ON THE PLEADINGS

(Code Civ. Proc., § 438; Smiley v. Citibank (1995) 11 Cal.4th 138, 145-146)

TENTATIVE RULING:

Defendants Select Portfolio Servicing, Inc. and Quality Loan Service Corporation’s Motion for Judgment on the Pleadings is PLACED OFF CALENDAR.

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 TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

ALL HEARING DATES IN THIS DEPARTMENT ARE VACATED AND ARE TO BE RESCHEDULED IN THE NEW DEPARTMENT.

ANALYSIS:

On April 1, 2022, Plaintiff Michael McQuarn (“Plaintiff”) filed the instant action against Defendants Select Portfolio Servicing, Inc. and Quality Loan Service Corporation (“Defendants”). The Complaint alleges causes of action for (1) violation of the Homeowners Bill of Rights; and (2) unfair business practices, and seeks declaratory and injunctive relief. (Compl., pp. 5:25-26, 8:1-2, 10:1-8.) However, as a limited jurisdiction court, Department 26 in the Spring Street Courthouse has no authority to grant declaratory and injunctive relief of this nature. (See Code Civ. Proc., §§ 85, 86.) Based on the relief sought in the Complaint, this action was incorrectly assigned to the limited jurisdiction court. Therefore, this case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for reassignment to an Independent Calendar Court.

Plaintiff is to pay the reclassification fee within ten (10) days of this order.

All hearing dates in this department are vacated and are to be rescheduled in the new department.

Court clerk to give notice.