Judge: Mark E. Windham, Case: 23STLC08220, Date: 2024-03-12 Tentative Ruling
Case Number: 23STLC08220 Hearing Date: March 12, 2024 Dept: 26
TENTATIVE RULING:
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.)
Court clerk to give notice.