Judge: William A. Crowfoot, Case: 21STCV14354, Date: 2022-09-30 Tentative Ruling

Case Number: 21STCV14354    Hearing Date: September 30, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 15, 2021, plaintiff Michelle Sanchez Roby filed this action against defendant Carol Bovill arising from a motor vehicle collision that occurred on May 21, 2019.  On August 4, 2022, Defendant filed this motion to reclassify the action to limited jurisdiction court. 

A motion to reclassify an unlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff’s claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.”  (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.)  A motion for reclassification must be made within the time allowed for that party to amend the initial pleading or to respond to the initial pleading.  (Code of Civ. Proc., § 403.040, subd. (a).)  If a party files a motion for reclassification after the time for that party 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.  (Code of Civ. Proc., § 403.040, subd. (b).) 

          Defendant argues that reclassification is appropriate because Plaintiff’s special damages amount to $2,415 in medical expenses, and Plaintiff has not made any other claims for loss of earnings, future medical expense, or loss of earning capacity. 

In her opposition brief, Plaintiff argues her medical specials actually amount to over $4,500.00, along with conservative property damage of over $1,000.00, miscellaneous expenses of over $ 600.00, future medical treatment of an unknown amount, and a claim for general damages, which will exceed $25,000. 

In ruling on a motion to reclassify, the Court may not properly “trespass into the province of the trier of fact” and in particular, “pain and suffering are not subject to precise measurement by any scale and their translation into money damages is peculiarly the function of the trier of facts.”  (Maldonado v. Superior Court (1996) 45 Cal.App.4th 397, 401-402 [“The unlikeliness of a judgment in excess of $25,000 is not the test”].)  In light of Plaintiff’s request for general damages, the Court cannot find that a recovery greater than $25,000 is virtually unobtainable. 

Defendant’s motion to reclassify is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.