Judge: Mark E. Windham, Case: 22STLC03863, Date: 2023-01-26 Tentative Ruling
Case Number: 22STLC03863 Hearing Date: January 26, 2023 Dept: 26
MOTION
FOR SUMMARY JUDGMENT/ADJUDICATION
(CCP § 437c)
TENTATIVE RULING:
Plaintiff Arrowhead
Central Credit Union’s Motion for
Summary Judgment, or in the alternative, Summary Adjudication, 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 OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF
IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.
ALL HEARING DATES IN THIS DEPARTMENT ARE VACATED AND TO BE RESCHEDULED IN
THE NEW DEPARTMENT.
ANALYSIS:
On June 8, 2022, Plaintiff Arrowhead Central Credit Union (“Plaintiff”) filed the instant action for breach
of contract, breach of statutory duty, declaratory relief and quiet title with
respect to a motor vehicle. The action was brought against Defendants LAD
Carson-N, LLC dba Carson Nissan (erroneously sued as “Carson Nissan”)
(“Defendant”), and the State of California acting by and through the Department
of Motor Vehicles (“the DMV”). Defendant filed an Answer on August 8, 2022.
Plaintiff filed the instant Motion for Summary Judgment, or in the alternative,
Summary Adjudication, on October 26, 2022. Defendant filed an opposition on
January 12, 2023. On January 20, 2023, Plaintiff dismissed the DMV from this action.
(Request for Dismissal, entered 01/20/23.)
The relief sought in the Complaint includes (1) a
declaration that Plaintiff is entitled to the title to, and sole legal
ownership of, the subject vehicle; (2) a declaration that Plaintiff is the only
entity with a right to register the vehicle with the DMV; (3) a declaration
that Defendant permanently cease any and all attempts to register the vehicle;
(4) an order quieting title to the subject vehicle in Plaintiff’s name alone; and
(5) an order removing Defendant as a legal owner/lienholder and/or registered
owner of the subject motor vehicle. (Compl., ¶¶27, 33 and Prayer, ¶¶9-13.) The
Limited Jurisdiction Court, however, lacks jurisdiction to issue declaratory or
injunctive relief. (Code Civ. Proc., §§ 85, 86.)
Based on the requested sought in the Complaint, this 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. All hearing dates in this department are vacated and to be rescheduled in
the new department.
Court clerk to give notice.