Judge: Matthew C. Braner, Case: 37-2023-00011493-CL-PO-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00011493-CL-PO-CTL WITT VS PANDA EXPRESS RESTAURANT GROUP INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Stuart Witt's motion for leave to reclassify the second amended complaint to unlimited jurisdiction is GRANTED.

Plaintiff requests reclassification of this case from limited jurisdiction to unlimited jurisdiction because the limited jurisdiction classification was a mistake. (Code Civ. Proc., § 403.040, subd. (a).) The attestation from Plaintiff's counsel is sufficient to persuade the court this case should have been classified as an unlimited case, and the failure to do so was the result of mistake or inadvertence on the part of Plaintiff's counsel. In fact, the original complaint itself states in the prayer for relief that Plaintiff seeks 'actual and statutory damages according to proof at trial, but in an amount much greater than $25,000.00.' Additionally, no defendant has yet been served or appeared in the case, and therefore no defendant is or will be prejudiced by the reclassification.

A fee is required to reclassify a case from limited to unlimited. (Code Civ. Proc., § 403.060, subd. (a).) This fee is $140. (Gov. Code, § 70619.) Until this fee is paid, the case cannot be reclassified. (Code Civ.

Proc., § 403.040, subd. (b).) The minute order is the order of the court.

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