Judge: Mark E. Windham, Case: 22STLC04593, Date: 2023-03-15 Tentative Ruling

Case Number: 22STLC04593    Hearing Date: March 15, 2023    Dept: 26

Ark Security Systems, Inc. v. Palcrete, Inc., et al.
MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:   

Cross-Complainant David Dawud’s Motion to Reclassify Action to Court of Unlimited Jurisdiction is GRANTED.

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. CROSS-COMPLAINANT IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ANALYSIS:

On July 11, 2022, Plaintiff Ark Security Systems, Inc. (“Plaintiff”) filed the Complaint in this action against Defendants Palcrete, Inc. (“Defendant Palcrete”) and David Dawud (“Cross-Complainant”). By court order following the ruling on Defendants’ Demurrer to the First Amended Complaint, Plaintiff filed the Second Amended Complaint on October 14, 2022. Cross-Complainant filed a Cross-Complaint and Answer to the Second Amended Complaint on November 2, 2022.

Cross-Complainant filed the instant Motion to Reclassify on December 1, 2022. No opposition has been filed to date. 

Discussion

Code of Civil Procedure section 403.030 states that if a cross-complainant files a cross-complaint that does not meet the jurisdictional requirements of the limited jurisdiction court, “the caption of the cross-complaint shall state that the action or proceeding is a limited civil case to be reclassified by cross-complaint, or words to that effect. The party at the time of filing the cross-complaint shall pay the reclassification fees provided in Section 403.060, and the clerk shall promptly reclassify the case.” (Code Civ. Proc., § 403.030.) Here, Cross-Complainant filed a cross-complaint in which the caption stated the action was to be reclassified and seeks more than $25,000.00 in damages. (Cross-Compl., filed 11/02/22, pp. 1, 17:16-17.) It does not appear, however, that Cross-Complainant paid the reclassification fee, which would have caused the clerk to reclassify the action without need for a noticed motion.

In light of the damages sought in the Cross-Complainant and the caption indicating the action should be reclassified, the Motion to Reclassify is granted upon Cross-Complainant’s payment of the reclassification fee.

Conclusion

Cross-Complainant David Dawud’s Motion to Reclassify Action to Court of Unlimited Jurisdiction is GRANTED.

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. CROSS-COMPLAINANT IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

Moving party to give notice.