On 02/28/2020 4425 MAPLEWOOD LLC filed a Contract - Other Contract lawsuit against JESSE PIMENTEL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
*******1995
02/28/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
4425 MAPLEWOOD LLC
GOODLETT JASON
OSMONT MANUELA
PIMENTEL JESSE
ABA ISAAC
Court documents are not available for this case.
DocketUpdated -- Motion to Reclassify: Filed By: 4425 MAPLEWOOD LLC, (Plaintiff); Result: Granted; Result Date: 09/22/2020
DocketMinute Order (Hearing on Motion to Reclassify (Walker Motion))
DocketCertificate of Mailing for (Hearing on Motion to Reclassify (Walker Motion)) of 09/22/2020; Filed by: Clerk
DocketHearing on Motion to Reclassify (Walker Motion) scheduled for 09/22/2020 at 02:00 PM in Spring Street Courthouse at Department 26 updated: Result Date to 09/22/2020; Result Type to Held - Motion Granted
DocketNon-Jury Trial scheduled for 08/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/22/2020; Result Type to Not Held - Vacated by Court
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2023 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/22/2020; Result Type to Not Held - Vacated by Court
DocketHearing on Motion to Reclassify (Walker Motion) scheduled for 09/22/2020 at 02:00 PM in Spring Street Courthouse at Department 26
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 09/10/2020; Filed by: Clerk
DocketReset - Court Unavailable, Hearing on Motion to Reclassify (Walker Motion) scheduled for 09/22/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/22/2020 02:00 PM
DocketSummons on Complaint (1st); Issued and Filed by: 4425 MAPLEWOOD LLC, (Plaintiff); As to: Jesse Pimentel (Defendant); Manuela Osmont (Defendant); Jason Goodlett (Defendant)
DocketAmended Complaint; Filed by: 4425 MAPLEWOOD LLC, (Plaintiff); As to: Jesse Pimentel (Defendant); Manuela Osmont (Defendant); Jason Goodlett (Defendant)
DocketNon-Jury Trial scheduled for 08/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2023 at 08:30 AM in Spring Street Courthouse at Department 26
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketComplaint; Filed by: 4425 MAPLEWOOD LLC, (Plaintiff); As to: Jesse Pimentel (Defendant); Manuela Osmont (Defendant); Jason Goodlett (Defendant)
DocketCivil Case Cover Sheet; Filed by: 4425 MAPLEWOOD LLC, (Plaintiff); As to: Jesse Pimentel (Defendant); Manuela Osmont (Defendant); Jason Goodlett (Defendant)
DocketSummons on Complaint; Issued and Filed by: 4425 MAPLEWOOD LLC, (Plaintiff); As to: Jesse Pimentel (Defendant); Manuela Osmont (Defendant); Jason Goodlett (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.