Judge: Martha K. Gooding, Case: 2022-01267224, Date: 2022-10-10 Tentative Ruling

Motion for Reclassification

Plaintiff Bastion Rare, LLC’s motion to reclassify this case as limited jurisdiction is GRANTED.  Because the case is being reclassified as limited, no reclassification fee is required.  Code Civ. Proc. § 403.040(c)(2).

This is an action for breach of contract.  Plaintiff alleges it provided advertising services to defendants, for which defendants failed to pay.  The alleged damages are $5,300.  According to Plaintiff, his counsel accidentally checked the box for unlimited when filling out the form complaint.  Defendant has not been served and has not appeared.

Under section 403.040 of the Code of Civil Procedure, a court may reclassify a case from unlimited to limited civil when the case has been misclassified – that is, if the amount in controversy is $25,000 or less.  Code Civ. Proc. § 403.040(a).  See Stern v. Superior Court, 105 Cal. App. 4th 223, 230 (2003); see also Code Civ. Proc. §§ 85, 88 (defining limited and unlimited civil cases). 

The amount in controversy is the amount the plaintiff seeks to recover, excluding attorneys’ fees, interests, and costs.  Code Civ. Proc. § 85. 

Here, Plaintiff seeks only $5,300.  Plaintiff has shown that the amount in controversy falls short of the jurisdictional minimum for an unlimited action.

Accordingly, the motion to reclassify this case as limited jurisdiction is granted.