This case was last updated from Los Angeles County Superior Courts on 09/29/2021 at 06:00:46 (UTC).

JENNIFER FILIPOWICZ VS YOSIAS ALFARO, ET AL.

Case Summary

On 12/10/2019 JENNIFER FILIPOWICZ filed a Personal Injury - Motor Vehicle lawsuit against YOSIAS ALFARO. 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:

    *******1255

  • Filing Date:

    12/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

FILIPOWICZ JENNIFER

Defendant

ALFARO YOSIAS

Attorney/Law Firm Details

Plaintiff Attorneys

LEE JOSHUA Y.

WALTERS ROBERT DOUGLAS

Defendant Attorney

RENAUD LISA L

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Change of Venue)

9/23/2021: Minute Order - Minute Order (Hearing on Motion for Change of Venue)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 09/23/2021

9/23/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 09/23/2021

Opposition (name extension) - Opposition TO PLAINTIFF'S MOTION FOR ORDER TRANSFERRING ACTION TO UNLIMITED JURISDICTION;

9/9/2021: Opposition (name extension) - Opposition TO PLAINTIFF'S MOTION FOR ORDER TRANSFERRING ACTION TO UNLIMITED JURISDICTION;

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/18/2021

8/18/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/18/2021

Minute Order - Minute Order (Court Order)

8/18/2021: Minute Order - Minute Order (Court Order)

Motion for Change of Venue - Motion for Change of Venue

4/13/2021: Motion for Change of Venue - Motion for Change of Venue

Opposition (name extension) - Opposition TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME ON PLAINTIFF'S MOTION FOR TRANSFER OF VENUE

4/16/2021: Opposition (name extension) - Opposition TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME ON PLAINTIFF'S MOTION FOR TRANSFER OF VENUE

Ex Parte Application (name extension) - Ex Parte Application Plaintiffs Ex Parte Application for an Order to Specially Shorten Time for Hearing on Plaintiffs Motion to Transfer the Case from Limited t

4/16/2021: Ex Parte Application (name extension) - Ex Parte Application Plaintiffs Ex Parte Application for an Order to Specially Shorten Time for Hearing on Plaintiffs Motion to Transfer the Case from Limited t

Minute Order - Minute Order (Hearing on Ex Parte Application for an Order to Specially Sho...)

4/20/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for an Order to Specially Sho...)

Substitution of Attorney - Substitution of Attorney

3/12/2020: Substitution of Attorney - Substitution of Attorney

Demand for Jury Trial - Demand for Jury Trial

2/19/2020: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

2/19/2020: Answer - Answer

Summons - Summons on Complaint

12/10/2019: Summons - Summons on Complaint

Complaint - Complaint

12/10/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/10/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/10/2019: First Amended Standing Order - First Amended Standing Order

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

12/10/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 09/23/2021
  • DocketMinute Order (Hearing on Motion for Change of Venue)

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  • 09/23/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Change of Venue) of 09/23/2021; Filed by: Clerk

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  • 09/23/2021
  • DocketHearing on Motion for Change of Venue scheduled for 09/23/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/23/2021; Result Type to Held

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  • 09/23/2021
  • DocketNon-Jury Trial scheduled for 01/31/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/23/2021; Result Type to Not Held - Vacated by Court

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  • 09/23/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/13/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/23/2021; Result Type to Not Held - Vacated by Court

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  • 09/09/2021
  • DocketOpposition TO PLAINTIFF'S MOTION FOR ORDER TRANSFERRING ACTION TO UNLIMITED JURISDICTION;; Filed by: Yosias Alfaro (Defendant)

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  • 08/18/2021
  • DocketHearing on Motion for Change of Venue scheduled for 09/23/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/18/2021
  • DocketMinute Order (Court Order)

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  • 08/18/2021
  • DocketCertificate of Mailing for (Court Order) of 08/18/2021; Filed by: Clerk

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  • 08/18/2021
  • DocketThere being no judge available this date, Hearing on Motion for Change of Venue scheduled for 09/02/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 09/23/2021 10:00 AM

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11 More Docket Entries
  • 02/19/2020
  • DocketDemand for Jury Trial; Filed by: Yosias Alfaro (Defendant)

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  • 02/19/2020
  • DocketAnswer; Filed by: Yosias Alfaro (Defendant); As to: Jennifer Filipowicz (Plaintiff)

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  • 12/10/2019
  • DocketNon-Jury Trial scheduled for 06/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/10/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/13/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/10/2019
  • DocketComplaint; Filed by: Jennifer Filipowicz (Plaintiff); As to: Yosias Alfaro (Defendant)

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  • 12/10/2019
  • DocketSummons on Complaint; Issued and Filed by: Jennifer Filipowicz (Plaintiff); As to: Yosias Alfaro (Defendant)

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  • 12/10/2019
  • DocketCivil Case Cover Sheet; Filed by: Jennifer Filipowicz (Plaintiff); As to: Yosias Alfaro (Defendant)

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  • 12/10/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/10/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/10/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b"

Case Number: 19STLC11255 Hearing Date: September 23, 2021 Dept: 25

PROCEEDINGS: MOTION FOR ORDER TRANSFERRING\r\nACTION TO THE UNLIMITED JURISDICTION COURT

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MOVING PARTY: Plaintiff Jennifer\r\nFilipowicz

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RESP. PARTY: Defendant Yosias Alfaro

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MOTION FOR RECLASSIFICATION TO UNLIMITED\r\nJURISDICTION

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(CCP § 403.040)

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TENTATIVE RULING:

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Plaintiff Jennifer\r\nFilipowicz’s Motion for Order Transferring Action to Unlimited Jurisdiction is\r\nGRANTED. Plaintiff is ordered to pay the reclassification fee within ten (10)\r\ndays of notice of this order.

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SERVICE:

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[X] Proof of Service Timely Filed (CRC,\r\nrule 3.1300) OK

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

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[X] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) OK

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OPPOSITION: Filed\r\non September 9, 2021 [ ] Late [ ]\r\nNone

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REPLY: None\r\nfiled as of September 21, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On December 10, 2019, Plaintiff\r\nJennifer Filipowicz (“Plaintiff”) filed an action alleging motor vehicle\r\nnegligence against Defendant Yosias Alfaro (“Defendant”). Defendant filed an\r\nAnswer on February 19, 2020. Shortly thereafter, Plaintiff filed a substitution\r\nof attorney demonstrating that she was now being represented by attorney Robert\r\nD. Walters. (3/12/20 Substitution of Attorney.)

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Plaintiff filed the instant Motion\r\nfor Order Transferring Action to Unlimited Jurisdiction (the “Motion”) on April\r\n13, 2021. Defendant filed an opposition on September 9, 2021. No reply brief\r\nwas filed.

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II. \r\nLegal Standard

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Code of Civil Procedure section 403.040 allows a\r\nplaintiff to file a motion for reclassification of an action within the time\r\nallowed for that party to amend the initial pleading. (Code Civ. Proc., §\r\n403.040, subd. (a).) “A party may amend its pleading once without leave of\r\ncourt at any time before an answer, demurrer, or motion to strike is filed, or\r\nafter a demurrer or motion to strike is filed if the amended pleading is filed\r\nand served no later than the date for filing an opposition to the demurrer or\r\nmotion to strike. (Code Civ. Proc., § 472, subd. (a).) If the motion is made\r\nafter the time for the plaintiff to amend the pleading, the motion may only be\r\ngranted if (1) the case is incorrectly classified; and (2) the plaintiff shows\r\ngood cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).)

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In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California\r\nSupreme Court held that a matter may be reclassified from unlimited to\r\nlimited only if it appears to a legal certainty that the plaintiff's\r\ndamages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) If there is a\r\npossibility that the damages will exceed $25,000.00, the case cannot be\r\ntransferred to limited. (Ibid.) This\r\nhigh standard is appropriate in light of “the circumscribed procedures and\r\nrecovery available in the limited civil courts.” (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 278.)

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

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III. \r\nDiscussion

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Plaintiff\r\nseeks to reclassify this action to unlimited jurisdiction on the basis that\r\nPlaintiff’s expected damages now exceed $25,000.00. (Mot., pp. 1-2.) Plaintiff\r\nexplains that she has significant physical issues which require ongoing\r\northopedic treatment. (Id. at p. 3.) In support of this, Plaintiff\r\nsubmits the medical report of Dr. Wagner dated January 19, 2021 who concludes\r\nthat, if pain management does not resolve her issues, she will need disc\r\nexcision surgery costing up to $80,000.00. (Id., Walters Decl., ¶¶ 5-9, Exh.\r\nC.) Dr. Wagner also states that the need for ongoing treatment of her lumbar\r\nspine was caused by the subject accident. (Id.) Plaintiff’s counsel\r\nstates that Plaintiff expects to have her surgery within the next several\r\nmonths. (Id. at ¶ 9.) Plaintiff explains reclassification was not sought\r\nsooner because Plaintiff’s counsel received Dr. Wagner’s medical report in\r\nMarch 2021. (Mot., p. 4.) This Motion was filed the following month and only after\r\nit became apparent the matter would not settle and Defendant would not\r\nstipulate to the reclassification. (Id.)

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Defendant\r\nopposes reclassification on the basis that Plaintiff sustained minor damage to\r\nher vehicle, that she has waited over three years after the accident to undergo\r\nsurgery, and that her recoverable medical bills only amount to $3,881.17, which\r\nis within the jurisdiction of this limited court. (Oppo., p. 3, Brady Decl., ¶\r\n5, Exh. C.) He also submits portions of Plaintiff’s deposition transcript from\r\nJune 19, 2020 where Plaintiff testified that she had not had any treatment for\r\nher right hip since June of 2018. (Id. at ¶ 6, Exh. D.) Defendant’s counsel\r\nalso asked, “[o]ther than the right hip pain, are you having any other pain,\r\ninjury, or discomfort currently as we sit here today that you attribute to the\r\nsubject accident of December 11, 2017?” to which Plaintiff replied “[n]o.” (Id.)

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However, Plaintiff’s supporting\r\nmedical report is from six months after the deposition, a period during which\r\nPlaintiff could have developed different symptoms. As noted above, Dr. Wagner\r\nattributes Plaintiff’s need for pain management and potential surgery to the subject\r\naccident.

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Thus, the Court finds that Plaintiff’s\r\nsupporting medical report demonstrates that an award of over $25,000.00 is possible.\r\nDefendant has not demonstrated that Plaintiff’s inability to obtain an award of\r\nover $25,000.00 is “certain and clear.” (Ytuarte v. Superior Court, supra, 129 Cal.App.4th at p. 279.) Accordingly, the Motion is GRANTED.

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IV. \r\nConclusion & Order

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For the\r\nforegoing reasons, Plaintiff Jennifer Filipowicz’s Motion for Order\r\nTransferring Action to Unlimited Jurisdiction is GRANTED. Plaintiff is ordered\r\nto pay the reclassification fee within ten (10) days of notice of this order.

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Moving party is\r\nordered to give notice.

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