This case was last updated from Los Angeles County Superior Courts on 10/19/2021 at 01:38:30 (UTC).

JEFFER MANGELS BUTLER & MITCHELL VS PUSH MEDIA NETWORKS, INC.

Case Summary

On 10/29/2020 JEFFER MANGELS BUTLER MITCHELL filed an Other - Arbitration lawsuit against PUSH MEDIA NETWORKS, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3578

  • Filing Date:

    10/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

JEFFER MANGELS BUTLER & MITCHELL

Respondent

PUSH MEDIA NETWORKS INC.

Attorney/Law Firm Details

Petitioner Attorney

SEDOR DAN P

 

Court Documents

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

10/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/29/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

10/29/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

10/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2

10/29/2020: Petition (name extension) - Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

12/18/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...)

3/4/2021: Minute Order - Minute Order (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...) of 03/04/2021

3/4/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...) of 03/04/2021

Proof of Service - No Service - Proof of Service - No Service

3/3/2021: Proof of Service - No Service - Proof of Service - No Service

Minute Order - Minute Order (Post-Arbitration Status Conference)

10/14/2021: Minute Order - Minute Order (Post-Arbitration Status Conference)

Certificate of Mailing for - Certificate of Mailing for (Post-Arbitration Status Conference) of 10/14/2021

10/14/2021: Certificate of Mailing for - Certificate of Mailing for (Post-Arbitration Status Conference) of 10/14/2021

Notice (name extension) - Notice OF ENTRY OF ORDER GRANTING PETITION TO COMPEL BINDING ARBITRATION

3/5/2021: Notice (name extension) - Notice OF ENTRY OF ORDER GRANTING PETITION TO COMPEL BINDING ARBITRATION

 

Docket Entries

  • 04/20/2022
  • Hearing04/20/2022 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 10/14/2021
  • DocketPost-Arbitration Status Conference scheduled for 04/20/2022 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 10/14/2021
  • DocketMinute Order (Post-Arbitration Status Conference)

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  • 10/14/2021
  • DocketCertificate of Mailing for (Post-Arbitration Status Conference) of 10/14/2021; Filed by: Clerk

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  • 10/14/2021
  • DocketOn the Court's own motion, Post-Arbitration Status Conference scheduled for 10/14/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/20/2022 09:30 AM

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  • 03/05/2021
  • DocketNotice OF ENTRY OF ORDER GRANTING PETITION TO COMPEL BINDING ARBITRATION; Filed by: Jeffer Mangels Butler & Mitchell (Petitioner); As to: PUSH Media Networks, Inc. (Respondent)

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  • 03/04/2021
  • DocketPost-Arbitration Status Conference scheduled for 10/14/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 03/04/2021
  • DocketMinute Order (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...)

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  • 03/04/2021
  • DocketCertificate of Mailing for (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...) of 03/04/2021; Filed by: Clerk

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  • 03/04/2021
  • DocketHearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2 scheduled for 03/04/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/04/2021; Result Type to Held - Motion Granted

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  • 03/04/2021
  • DocketUpdated -- Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2: Filed By: Jeffer Mangels Butler & Mitchell (Petitioner); Result: Granted; Result Date: 03/04/2021

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  • 03/03/2021
  • DocketProof of Service - No Service; Filed by: Jeffer Mangels Butler & Mitchell (Petitioner); As to: PUSH Media Networks, Inc. (Respondent)

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  • 12/18/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Jeffer Mangels Butler & Mitchell (Petitioner); As to: PUSH Media Networks, Inc. (Respondent)

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  • 10/30/2020
  • DocketHearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2 scheduled for 03/04/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/30/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 10/29/2020
  • DocketPetition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2; Filed by: Jeffer Mangels Butler & Mitchell (Petitioner); As to: PUSH Media Networks, Inc. (Respondent)

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  • 10/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Jeffer Mangels Butler & Mitchell (Petitioner); As to: PUSH Media Networks, Inc. (Respondent)

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  • 10/29/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 10/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP03578    Hearing Date: March 04, 2021    Dept: 25


Case Number: 20STLC03642    Hearing Date: March 04, 2021    Dept: 25

HEARING DATE: Thu., March 4, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Gonzalez v. Container Freight ,LLC COMPL. FILED: 04-27-20

CASE NUMBER: 20STLC03642 DISC. C/O: 09-25-21

NOTICE: OK DISC. MOT. C/O: 10-10-21

TRIAL DATE: 10-25-21

PROCEEDINGS: MOTION FOR RECLASSIFICATION OF ACTION

MOVING PARTY: Plaintiff Julian Gonzalez

RESP. PARTY: None

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff Julian Gonzalez’s Motion for Reclassification of Action is CONTINUED TO MAY 4, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing Plaintiff must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 2, 2021 [ ] Late [X] None

REPLY: None filed as of March 2, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 27, 2020, Plaintiff Julian Gonzalez (“Plaintiff”) filed an action for general negligence and motor vehicle negligence against Defendant Container Freight, LLC (“Defendant”). Defendant filed an Answer on June 12, 2020.

On August 26, 2020, Plaintiff filed the instant Motion for Reclassification of Action (the “Motion”). Defendant did not file an opposition.

  1. 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. (Code Civ. Proc., § 403.040, subd. (a).) The court may, on its own motion, reclassify a case at any time. (Id.) 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.)

  1. Discussion

Here, Plaintiff’s counsel states that when he filed the Complaint, certain damages were unknown and uncertain and as a result, he believed the damages would not exceed $25,000. (Mot., Soliman Decl., ¶ 3.) However, “after further investigation and discussion with Plaintiff,” Plaintiff’s counsel states he is confident the amount in controversy will exceed $25,000.00. (Id. at ¶ 5.) Specifically, Plaintiff’s counsel states he was not previously made aware that the lost wages Plaintiff claimed were approximately $8,000 per month and did not have full documentation of the extent of property damage sustained by the vehicle. (Id. at ¶ 6.) However, Plaintiff did not provide any documentation regarding lost wages or the extent of Plaintiff’s vehicle’s damage.

Plaintiff also argues he has incurred approximately $15,000.00 in past medical expenses and states that a recommendation has been made for a lumbar epidural injection and intralaminar cervical injection that would result in additional medical expenses of $10,000.00 to $15,000.00. (Id., p. 12:19-27.) Notably, Plaintiff did not provide any documentary evidence regarding this medical recommendation.

Although Plaintiff need only demonstrate a possibility that the damages will exceed $25,000.00, he must still present sufficient evidence demonstrating the possibility exists. (Ytuarte v. Superior Court, supra, 129 Cal.App.4th 279.) Plaintiff has not met this burden. Thus, Plaintiff is ordered to file and serve documentary evidence in support of his argument.

Further, neither Plaintiff nor Plaintiff’s counsel state when they discovered the facts demonstrating Plaintiff’s damages could exceed $25,000.00. Thus, Plaintiff is ordered to file and serve supplemental papers providing this information.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Julian Gonzalez’s Motion for Reclassification of Action is CONTINUED TO MAY 4, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing Plaintiff must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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