Judge: Mark E. Windham, Case: 23STCP04540, Date: 2024-04-23 Tentative Ruling

Case Number: 23STCP04540    Hearing Date: April 23, 2024    Dept: 26

TENTATIVE RULING:

 

HEARING ON PETITION FOR DAMAGES IS PLACED OFF CALENDAR.

 

BASED ON THE RELIEF SOUGHT IN THE PETITION, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PETITIONER IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

 

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED. 

 

 

In the Matter of Wenwing Yao, et al.


PETITION FOR DAMAGES



ANALYSIS:

 

On December 19, 2023, Petitioner Wenming Yao (“Petition”) filed the instant “Petition for Damages.” However, the Petition does not seek monetary damages. Instead, it seeks injunctive relief with respect to real property. (Pet., p. 1.) The limited jurisdiction court lacks jurisdiction to issue the injunctive relief sought in the Petition. (See Code Civ. Proc., §§ 85, 86.)

 

Therefore, the 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. Petitioner is ordered to pay the reclassification fee within ten (10) days.

 

 

Court clerk to give notice.