DOMINIQUE LAPAGE VS LAUREN WOLF

Tentative Rulings

Case Number: 17STLC03073    Hearing Date: August 03, 2020    Dept: 26

MOTION TO RECLASSIFY ACTION AS UNLIMITED CIVIL

RECLASSIFICATION

(CCP § 403.040)

TENTATIVE RULING:

Plaintiffs Dominique Lapage and Sasha Yansen’s Motion to Reclassify is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFFS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS’ NOTICE OF THIS ORDER.ANALYSIS:

On October 13, 2017, Plaintiffs filed this action in limited civil for $10,000-$25,000. Plaintiffs’ counsel, James J. Little, passed away and Plaintiffs substituted in new counsel, Nathan H. Soleimani, on April 15, 2019.

On July 26, 2019, Plaintiffs filed the first Motion to Reclassify. Following a failure to demonstrate proper notice, the Court placed the First Motion to Reclassify off calendar on December 2, 2019. On December 6, 2020, Plaintiffs filed the second Motion to Reclassify, which is currently set for hearing on August 3, 2020. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedures 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. (Code Civ. Proc., § 403.040, subd. (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. (Code Civ. Proc., § 403.040, subd. (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

Here, because the initial time for Plaintiffs to amend the pleadings has passed, Plaintiffs must show that the case is incorrectly classified, and that it had good cause for not moving to reclassify earlier. The Court concludes Plaintiffs have satisfied this burden based on the circumstances that Plaintiffs’ former counsel had passed away and Plaintiffs’ new counsel determined there was a possibility that damages would exceed $25,000. (Motion, Solemani Decl., ¶¶2-8.)

Plaintiffs present sufficient evidence to demonstrate a possibility that the damages will exceed $25,000.00. Plaintiffs have incurred approximately $18,581.70 in medical expenses to date in this case. (Soleimani Decl. ¶ 5, Exh. A; LaPage Decl.) Further, LaPage has lost wages in the amount of $2,400 based on the incident. (Soleimani Decl. ¶ 5.) Lastly, Yansen seeks damages for severe emotional distress. (Compl. ¶ 11(g).) Even if the jury determines Yansen is entitled to damages for his emotional distress in the amount of only $5,000 for seeing his mother become injured in a vehicle collision, this would exceed the $25,000 threshold. Based on the foregoing, a judgment in excess $25,000.00 is obtainable.

Accordingly, the Court concludes Plaintiffs have satisfied their burden, and the motion for reclassification is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFFS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 17STLC03073    Hearing Date: December 02, 2019    Dept: 94

Dominique LaPage, et al. v. Lauren Wolf, et al

RECLASSIFICATION

(CCP § 403.040)

TENTATIVE RULING:

Unless Plaintiffs Dominique Lapage and Sasha Yansen file a proof of service prior to the hearing demonstrating proper notice of the October 23, 2019 order and the December 2, 2019 hearing date, the Motion to Reclassify is PLACED OFF CALENDAR.

ANALYSIS:

Background

On October 13, 2017, Plaintiffs filed this action in limited civil for $10,000-$25,000. Plaintiffs’ counsel, James J. Little, passed away and Plaintiffs substituted in new counsel, Nathan H. Soleimani, on April 15, 2019.

On July 26, 2019, Plaintiffs filed this motion. It is unopposed.

Procedure

At the initial hearing on October 23, 2019, the Court noted that Plaintiffs failed to file a proof of service with the motion. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” (CRC, Rule 3.1300(c).) As a result, the Court continued the hearing to December 2, 2019 to allow Plaintiffs to file a proper proof of service. The Court also ordered Plaintiffs to give notice of the order.

On the same date, Plaintiffs filed a proof of service of the Motion to Reclassify. However, no proof of service has been filed regarding the Court’s October 23, 2019 order. Therefore, Plaintiff has not demonstrated that Defendant was given notice of the prior order or the new hearing date.

Unless Plaintiffs file a proof of service prior to the hearing demonstrating proper notice of the October 23, 2019 order and the December 2, 2019 hearing date, the Motion to Reclassify is PLACED OFF CALENDAR.