This case was last updated from Los Angeles County Superior Courts on 11/28/2021 at 15:07:30 (UTC).

EUGENE ELLIS VS LOS ANGELES COUNTY PROBATION DEPARTMENT, ET AL.

Case Summary

On 12/18/2019 EUGENE ELLIS filed a Labor - Other Labor lawsuit against LOS ANGELES COUNTY PROBATION DEPARTMENT. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1506

  • Filing Date:

    12/18/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ELLIS EUGENE

Defendants

SIMS TOYEA

LOS ANGELES COUNTY PROBATION DEPARTMENT

LARA RACHEL

Attorney/Law Firm Details

Plaintiff Attorneys

BROWN KRISTEN BESSER ESQ.

BROWN KRISTEN

 

Court Documents

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/18/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

12/18/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

12/18/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/18/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/18/2019: Complaint - Complaint

Minute Order - Minute Order (Non-Jury Trial;)

6/16/2021: Minute Order - Minute Order (Non-Jury Trial;)

Declaration (name extension) - Declaration In Support of Plaintiff's Motion to Reclassify

6/15/2021: Declaration (name extension) - Declaration In Support of Plaintiff's Motion to Reclassify

Motion to Reclassify - Motion to Reclassify

6/15/2021: Motion to Reclassify - Motion to Reclassify

Declaration (name extension) - Declaration In Support of Plaintiff's Request for Continued Trial Date and All Trial-Related Dates

6/15/2021: Declaration (name extension) - Declaration In Support of Plaintiff's Request for Continued Trial Date and All Trial-Related Dates

Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF (EUGNE ELLIS), FOR AN ORDER RE...)

10/13/2021: Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF (EUGNE ELLIS), FOR AN ORDER RE...)

Declaration (name extension) - Declaration of Kristen B. Brown, Esq. in support of Request for continuance of plaintiff's motion to reclassify.

10/13/2021: Declaration (name extension) - Declaration of Kristen B. Brown, Esq. in support of Request for continuance of plaintiff's motion to reclassify.

Clerk's Notice of Full Payment of Fees Required - Clerk's Notice of Full Payment of Fees Required

11/4/2021: Clerk's Notice of Full Payment of Fees Required - Clerk's Notice of Full Payment of Fees Required

Order to Show Cause (Hearing) - Order to Show Cause (Hearing)

11/12/2021: Order to Show Cause (Hearing) - Order to Show Cause (Hearing)

1 More Documents Available

 

Docket Entries

  • 12/16/2021
  • Hearing12/16/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 11/19/2021
  • DocketNotice Of Payment Of Reclassification Fee; Filed by: Eugene Ellis (Plaintiff); As to: Eugene Ellis (Plaintiff); Los Angeles County Probation Department (Defendant); Rachel Lara (Defendant) et al.

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  • 11/12/2021
  • DocketOrder to Show Cause Re: Failure to Pay Reclassification Fee scheduled for 12/16/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 11/12/2021
  • DocketOrder to Show Cause (Hearing); Filed by: Clerk

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  • 11/04/2021
  • DocketClerk's Notice of Full Payment of Fees Required; Filed by: Clerk; As to: Eugene Ellis (Plaintiff)

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  • 10/13/2021
  • DocketUpdated -- Motion to Reclassify Action from the Limited Jurisdiction to the Unlimited Jurisdiction Court: Filed By: Eugene Ellis (Plaintiff); Result: Granted; Result Date: 10/13/2021

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  • 10/13/2021
  • DocketDeclaration of Kristen B. Brown, Esq. in support of Request for continuance of plaintiff's motion to reclassify. Filed by: Eugene Ellis (Plaintiff)

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  • 10/13/2021
  • DocketMinute Order (HEARING ON MOTION BY PLAINTIFF (EUGNE ELLIS), FOR AN ORDER RE...)

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  • 10/13/2021
  • DocketHearing on Motion to Reclassify (Walker Motion) Action from the Limited Jurisdiction to the Unlimited Jurisdiction Court, Filed by the Plaintiff scheduled for 10/13/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/13/2021; Result Type to Held - Motion Granted

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  • 10/13/2021
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 12/21/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 10/13/2021

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7 More Docket Entries
  • 06/15/2021
  • DocketDeclaration In Support of Plaintiff's Motion to Reclassify; Filed by: Eugene Ellis (Plaintiff)

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  • 06/15/2021
  • DocketDeclaration In Support of Plaintiff's Request for Continued Trial Date and All Trial-Related Dates; Filed by: Eugene Ellis (Plaintiff)

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  • 12/18/2019
  • DocketComplaint; Filed by: Eugene Ellis (Plaintiff); As to: Los Angeles County Probation Department (Defendant); Rachel Lara (Defendant); Toyea Sims (Defendant)

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  • 12/18/2019
  • DocketSummons on Complaint; Issued and Filed by: Eugene Ellis (Plaintiff); As to: Los Angeles County Probation Department (Defendant); Rachel Lara (Defendant); Toyea Sims (Defendant)

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  • 12/18/2019
  • DocketCivil Case Cover Sheet; Filed by: Eugene Ellis (Plaintiff); As to: Los Angeles County Probation Department (Defendant); Rachel Lara (Defendant); Toyea Sims (Defendant)

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  • 12/18/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/18/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/18/2019
  • DocketNon-Jury Trial scheduled for 06/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/18/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/21/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/18/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b"

Case Number: 19STLC11506 Hearing Date: October 13, 2021 Dept: 26

PROCEEDINGS:\r\n MOTION\r\nTO RECLASSIFY ACTION

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MOVING\r\nPARTY: Plaintiff Eugene Ellis

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RESP.\r\nPARTY: None

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MOTION TO RECLASSIFY

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(CCP § 403.040)

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TENTATIVE RULING: \r\n

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Plaintiff Eugene Ellis’ Motion to Reclassify Action is GRANTED.\r\nTHIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE\r\nRECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE\r\nCASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION\r\nFEE WITHIN TEN (10) DAYS OF THIS ORDER.

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SERVICE:

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[X] Proof of\r\nService Timely Filed (CRC 3.1300) OK

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[X]\r\nCorrect Address (CCP 1013, 1013a) OK

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[X] 16/21\r\nDay Lapse (CCP 12c and 1005 (b)) OK

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BACKGROUND: Action for employment discrimination, harassment, retaliation\r\nand related claims.

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REQUEST FOR RELIEF: Reclassify action\r\nto unlimited jurisdiction court. The action was incorrectly filed in the\r\nlimited jurisdiction court. Plaintiff’s damages, based on loss of pay, front\r\npay, back pay and emotional distress damages, are in excess of the\r\njurisdictional limit of this court.

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OPPOSITION:\r\nNone filed as of October 6, 2021.

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REPLY:\r\nNone filed as of October 6, 2021.

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ANALYSIS:

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Plaintiff Eugene Ellis (“Plaintiff”) filed the instant\r\naction for employment discrimination, harassment, retaliation and related\r\nclaims against Defendant Los Angeles County Probation Department and others\r\n(“Defendants”) on December 18, 2019. The matter came for trial on June 16,\r\n2021, at which time the Court vacated the trial date at Plaintiff’s request and\r\nallowed the instant Motion to Reclassify to remain on calendar for October 13,\r\n2021.

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Defendants have yet\r\nto be served with the Summons and Complaint; accordingly, no opposition to the\r\nMotion has been filed to date.

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Legal Standard

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Code of Civil\r\nProcedure section 403.040 allows a plaintiff to file a motion for\r\nreclassification of an action within the time allowed for that party to amend\r\nthe initial pleading. (CCP § 403.040(a).) If the motion is made after the time\r\nfor the plaintiff to amend the pleading, the motion may only be granted if (1)\r\nthe case is incorrectly classified; and (2) the plaintiff shows good cause for\r\nnot seeking reclassification earlier. (CCP § 403.040(b).) In Walker v.\r\nSuperior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held\r\nthat a matter may be reclassified from unlimited to limited only if it\r\nappears to a legal certainty that the plaintiff's damages will necessarily be\r\nless than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.)

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In Ytuarte v.\r\nSuperior Court (2005) 129 Cal.App.4th 266, 278, the Court of Appeals\r\nexamined the principles it set forth in Walker and held that “the court should reject the plaintiff's effort to\r\nreclassify the action as unlimited only when the lack of jurisdiction as an\r\n“unlimited” case is certain and clear.” (Id. at 279.) Plaintiff’s burden is to present evidence to demonstrate\r\na possibility that the damages will exceed $25,000.00 and the trial court must\r\nreview the record to determine “whether a judgment in excess of $25,000.00 is\r\nobtainable.” (Ibid.)

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Discussion

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The instant Motion to Reclassify was filed within the time\r\nto amend the Complaint. Therefore, Plaintiff must only show that the case is\r\nincorrectly classified. Plaintiff’s counsel submits a declaration explaining\r\nthat this case was incorrectly classified as a limited jurisdiction case due to\r\nclerical error on the caption of the Complaint and the Civil Case Cover Sheet.\r\n(Motion, Brown Decl., ¶5.) The declaration further demonstrates a possibility\r\nthat Plaintiff’s damages will exceed the jurisdiction of the limited court.\r\nSpecifically, Plaintiff’s damages include loss of pay, front pay and back pay,\r\nall of which are calculated from Plaintiff’s salary, job position, employment\r\nbenefits and length of employment. (Id. at ¶12.) Additionally, Plaintiff\r\nseeks emotional distress damages. (Ibid.) Based on the declaration of\r\nPlaintiff’s counsel regarding the extent of damages sought, the Court finds\r\nthat reclassification of the action to a court of unlimited jurisdiction is\r\nappropriate.

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Conclusion

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Plaintiff Eugene Ellis’ Motion to Reclassify Action is\r\nGRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED\r\nTO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT\r\nOF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE\r\nRECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

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Moving party to give notice.

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