4425 MAPLEWOOD LLC, VS JESSE PIMENTEL, ET AL.

Tentative Rulings

Case Number: 20STLC01995    Hearing Date: September 22, 2020    Dept: 26

4425 Maplewood, LLC v. Pimentel, et al.

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff 4425 Maplewood, LLC’s Motion to Reclassify Action as Unlimited is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT AND PAYMENT OF RECLASSIFICATION FEES.

ANALYSIS:

On February 28, 2020, Plaintiff 4425 Maplewood, LLC (“Plaintiff”) filed this action against Defendants Jesse Pimentel, Manuela Osmont andJason Goodlett (“Defendants”) for breach of lease agreement and holdover damages. (Compl., ¶¶14-26.) On March 3, 2020, Plaintiff filed a First Amended Complaint seeking damages in excess of $25,000.00. Plaintiff filed the instant Motion to Reclassify Action on June 2, 2020. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) If there is a possibility that the damages will exceed $25,000.00, the case cannot be transferred to limited. (Ibid.) This high standard is appropriate in light of “the circumscribed procedures and recovery available in the limited civil courts.” (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 278.)

In Ytuarte, the Court of Appeals examined the principles it set forth in Walker and held that “the court should reject the plaintiff's effort to reclassify the action as unlimited only when the lack of jurisdiction as an “unlimited” case is certain and clear.” (Id. at 279.) Nevertheless, the plaintiff must present evidence to demonstrate a possibility that the damages will exceed $25,000.00 and the trial court must review the record to determine “whether a judgment in excess of $25,000.00 is obtainable.” (Ibid.)

Discussion

Plaintiff having amended the Complaint once without leave of court, the Motion must demonstrate good cause for the timing of this Motion and that the amount in controversy exceeds the jurisdiction of this Court. Plaintiff’s managing agent declares that as of the filing of the Motion to Reclassify the holdover damages had increased from less than $25,000.00 to approximately $34,000.00. (Motion, Hoffman Decl., ¶¶1-5.) This corresponds to the $3,200.00 in unpaid rent allegedly charged each month from March to June 2020. (Ibid.)

Conclusion

Plaintiff 4425 Maplewood, LLC’s Motion to Reclassify Action is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT AND PAYMENT OF RECLASSIFICATION FEES.

Moving party to give notice.