Judge: Mark E. Windham, Case: 23STLC01902, Date: 2023-09-13 Tentative Ruling

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Case Number: 23STLC01902    Hearing Date: September 13, 2023    Dept: 26

 Balvaneda, et al. v. Russel, Esq., et al.

PROCEEDINGS:     MOTION TO STRIKE PORTIONS OF DEFENDANTS’ ANSWER


TENTATIVE RULING:

 

PLAINTIFFS EDGAR G. BALVANEDA, ET AL.’S MOTION TO STRIKE IS PLACED OFF CALENDAR.

 

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

 

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

 

 

ANALYSIS:

 

On March 23, 2023, Plaintiffs Edgar G. Balvaneda, Maria Julio Balvaneda, G. Balvaneda, Iridian Barajas, Aubrey Balvaneda and Damien Balvaneda, Minors, by and through their Guardian Ad Litem, Edgar Balvaneda, and Estate of Paula Rodriguez, deceased (“Plaintiffs”) filed the instant action against Defendants Christopher Russell, Esq., Marc Lazarus, Esq., and Russell & Lazarus, APC. (“Defendants”). The Complaint seeks declaratory relief on a new trial following an attorney-client arbitration award.

 

The action is brought pursuant to the Mandatory Fee Arbitration Act (“MFAA”), set forth at Business & Professions Code, sections 6203 and 6204. Section 6204 states that “[i]f no action is pending, the trial after arbitration shall be initiated by the commencement of an action in the court having jurisdiction over the amount of money in controversy . . . .” (Bus. & Profs. Code, § 6204, subd. (c).) The amount in controversy is “the amount of demand or recovery sought by the plaintiff filing the rejection of the MFAA arbitration award.” (Giorgianni v. Crowley (2011) 197 Cal.App.4th 1462, 1480.) Plaintiffs’ Complaint seeks primarily declaratory relief plus the arbitration award filing fee of $1,173.00. (Compl., Prayer for Relief, ¶¶1-10.) The limited jurisdiction court lacks jurisdiction to grant declaratory relief as sought in the Complaint. (See Code Civ. Proc., §§ 85, 86.) Therefore, the action should have been filed as an unlimited jurisdiction case.

 

Therefore, the hearing on Plaintiffs’ Motion to Strike is placed off calendar and 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. Plaintiffs are ordered to pay the reclassification fee within ten (10) days.

 

 

Court clerk to give notice.