Judge: Mark E. Windham, Case: 22STLC06171, Date: 2023-04-17 Tentative Ruling

Case Number: 22STLC06171    Hearing Date: April 17, 2023    Dept: 26

PROCEEDINGS:     MOTION TO RECLASSIFY ACTION

MOVING PARTY:   Plaintiff Ashlie Sadrea Beacham

RESP. PARTY:         None

MOTION TO RECLASSIFY

(CCP § 403.040)

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 motor vehicle negligence.

REQUEST FOR RELIEF: Reclassify action to unlimited jurisdiction court based on the amount of damages (medical specials) recently discovered.

OPPOSITION: None filed as of April 12, 2023.

REPLY: None filed as of April 12, 2023.

TENTATIVE RULING:   

Plaintiff Ashlie Sadrea Beacham’s Motion to Reclassify Action is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

ANALYSIS:

On September 22, 2022, Plaintiff Ashlie Sadrea Beacham (“Plaintiff”) filed this action against Defendant Celia E. Rodriguez DeBarrientos (“Defendant”) for motor vehicle negligence. Defendant filed an Answer on November 10, 2022.

Plaintiff filed the instant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction on February 8, 2023. To date, no opposition has been filed.

Discussion

Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).)

The initial time for Plaintiff to amend the pleadings having passed, the Motion must show both that the case is incorrectly classified and that Plaintiff has good cause for not moving to reclassify earlier. In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) In Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 278, the Court of Appeals examined the principles it set forth in Walker and held that “the court should reject the plaintiff's effort to reclassify the action as unlimited only when the lack of jurisdiction as an “unlimited” case is certain and clear.” (Id. at 279.) Nevertheless, the plaintiff must present evidence to demonstrate a possibility that the damages will exceed $25,000.00 and the trial court must review the record to determine “whether a judgment in excess of $25,000.00 is obtainable.” (Ibid.)

Plaintiff presents evidence that when this action was filed the amount of damages, specifically medical specials, were not known. (Motion, Shkolnikov Decl., ¶10.) Following the motor vehicle accident, all of Plaintiff’s medical bills, the recommended course of treatment for Plaintiff’s injuries and the cost for that treatment were not obtained until late 2022 and early 2023. (Id. at ¶¶7-9 and Exhs. A-B.) The medical specials amount to $11,600.00 and the proposed treatment would cost another $17,700.00 to $21,700.00. (Ibid.) In seeking recovery of the medical specials plus future expenses, Plaintiff has demonstrated that the possibility that damages awarded in this action will exceed the amount in controversy allowed in the limited jurisdiction Court.

Conclusion

Therefore, Plaintiff Ashlie Sadrea Beacham’s Motion to Reclassify Action is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

Moving party to give notice.