Judge: Mark E. Windham, Case: 23STLC03138, Date: 2024-01-11 Tentative Ruling

Case Number: 23STLC03138    Hearing Date: January 11, 2024    Dept: 26

Townsend v. Terrell, Jr., et al.

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff Norma Jean Townsend’s Motion to Reclassify 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 UNLIMITED JURISDICTION COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

ANALYSIS:

On May 12, 2023, Plaintiffs Norma Jean Townsend (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Kenneth Terrell, Jr., Soria Carr, and Southern California Poop 911, LLC (erroneously sued as SoCalPoop911, Inc.) (“Defendants”). Defendant Southern California Poop 911, LLC filed an answer to the Complaint on August 21, 2023, then filed a Cross-Complaint on October 24, 2023. The Court notes that the Cross-Complaint was not filed with leave of court, as required by Code of Civil Procedures section 428.50 because it was filed after a trial date was set in this action. (See Code Civ. Proc., § 428.50, subd. (b).) Pursuant to Code of Civil Procedure section 436, subdivision (b), the Court strikes the Cross-Complaint filed on October 24, 2023.

Plaintiff filed the instant Motion to Reclassify Action on October 24, 2023. No opposition has been filed to date.

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. (CCP § 403.040(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).) 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.) Plaintiff’s burden is to 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.)

As the instant motion was filed after the time to amend the complaint, Plaintiff must show that the case is incorrectly classified and good cause of the timing of the motion. The Motion is supported by evidence of Plaintiff’s medical bills showing she has incurred special damages of $14,879.00. (Motion, Perea Decl., ¶3 and Exh. 1.) When accounting for other damages for loss of earning capacity, property damages, and pain and suffering, Plaintiff has demonstrated a possibility that her damages will exceed the jurisdictional limit of this court. The action was also inadvertently filed as a limited jurisdiction case when it should have been filed in the unlimited jurisdiction court. (Id. at ¶4.) Upon realizing this error, Plaintiff filed the instant Motion to Reclassify. (Ibid.)

Conclusion

Based on the foregoing, Plaintiff Norma Jean Townsend’s Motion to Reclassify 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 UNLIMITED JURISDICTION COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

Moving party to give notice.