Judge: Mark E. Windham, Case: 24STCP00756, Date: 2024-07-15 Tentative Ruling

Case Number: 24STCP00756    Hearing Date: July 15, 2024    Dept: 26

Cal. Dept. of Tax and Fee Admin. v. Guerra, et al.

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PETITION ON THIRD-PARTY CLAIM

TENTATIVE RULING:

HEARING ON PETITION ON THIRD PARTY CLAIM 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. 

ANALYSIS:

On March 11, 2024, Petitioner California Department of Tax and Fee Administration (“Petition”) filed the instant “Petition for Third Party Claim.” However, the Petition does not seek monetary damages. Instead, it seeks the Court’s determination regarding the validity of a third-party claim. (Pet., p. 1.) The limited jurisdiction court lacks jurisdiction to issue the declaratory 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.