Judge: Mark E. Windham, Case: 23STLC08220, Date: 2024-03-12 Tentative Ruling

Case Number: 23STLC08220    Hearing Date: March 12, 2024    Dept: 26

TENTATIVE RULING:

 

DEFENDANT MIGHTY VENTURES, INC.’S MOTION TO QUASH SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT IS PLACED OFF CALENDAR.

 

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

 

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

 

 

 

Zimmerman v. Mighty Ventures, Inc., et al.

MOTION TO QUASH SERVICE OF SUMMONS

ANALYSIS:

 

On December 28, 2023, Plaintiff Israel Harry Zimmerman (“Plaintiff”) filed the instant action against Defendant Mighty Ventures, Inc. (“Specially Appearing Defendant”). The Complaint and the First Amended Complaint, filed on December 29, 2023, seek only declaratory relief against Defendant with respect to certain patents for inventions. (FAC, ¶¶1, 28-33 and Prayer, ¶¶1-12.) Specially Appearing Defendant filed the instant Motion to Quash Service of Summons and First Amended on February 9, 2024. However, the Limited Jurisdiction Court lacks jurisdiction to issue the declaratory relief sought in the First Amended Complaint. (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. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

 

 

Court clerk to give notice.