TENTATIVE 

The Motion to Reclassify as Limited Civil Jurisdiction Case is DENIED.  

Legal Standard

“If a party files a motion for reclassification after the time for that party to amend that party’s initial pleading or to respond to a complaint, the court shall grant the motion and enter an order for reclassification only if both of the following conditions are satisfied: 

(1) the case is incorrectly classified. 

(2) the moving party shows good cause for not seeking reclassification earlier.”

Cal. Code Civ. Proc. § 403.040(b).  

The court can transfer an action to limited jurisdiction if “it becomes clear that the matter will ‘necessarily’ result in a verdict below the superior court jurisdictional amount.” (Walker v. Superior Court (1992) 53 Cal. 3d 257, 262.)

The standard requires a “high level of certainty” that a damage award will not exceed jurisdictional limits. 

“The court explained: ‘This standard requires¿a high level of certainty¿that a damage award will not exceed $25,000 and is not satisfied by a finding that such an award is merely 'unlikely' or 'not reasonably probable.' " (Id. at p. 269, italics added.) Consequently, in deciding this issue, the trial court is¿not permitted to determine the merits of the plaintiff's claim(s); its sole inquiry is whether ‘the verdict will 'necessarily' fall short of the superior court jurisdictional requirement of a claim exceeding $25,000." (Singer v. Superior Court (1999) 70 Cal. App. 4th 1315, 1320.)

Discussion

Defendant moves to reclassify the action as a limited jurisdiction action arguing that Plaintiff has only incurred $8,910 in medical bills. Defendant argues that no treating physician for Plaintiff has indicated that she will require any future medical treatment associated with her injuries from the incident at Walmart. Defendant also argues that is no evidence to suggest the existence of a nexus between the alleged incident underlying this case and the detached retina that Plaintiff allegedly suffered in September of 2020.  Additionally, Plaintiff is not making a claim for loss of earnings. Thus, Defendant argues her damages will not exceed $25,000.

Based on the evidence, it does not appear to a “legal certainty” that Plaintiff cannot recover more than the jurisdictional amount.  The amount of medical expenses incurred by Plaintiff to date is not dispositive. Further, Plaintiff has not stated she has not completed treatment of  her claimed injuries. Moreover, Plaintiff’s complaint also alleges general damages. Defendant provides no support for its claim that Plaintiff’s pain and suffering is limited to $3,000.

Conclusion

As such, Defendant’s motion to reclassify from unlimited civil jurisdiction to limited civil jurisdiction court is DENIED.

Moving party is ordered to give notice.