On 12/06/2019 JIRAIR MAROUTI filed a Personal Injury - Motor Vehicle lawsuit against LAUREN ASHLEY MILLER. 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.
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
MILLER LAUREN ASHLEY
GHAVIMI AIDIN D.
6/9/2020: Demand for Jury Trial - Demand for Jury Trial
6/9/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
6/9/2020: Answer - Answer
6/10/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
6/29/2020: Substitution of Attorney - Substitution of Attorney
9/28/2020: Motion to Reclassify - Motion to Reclassify
3/29/2021: Opposition (name extension) - Opposition Defendant's Opposition to Plaintiff's Motion For Order
4/14/2021: Ex Parte Application (name extension) - Ex Parte Application to advance hearing date and shorten time, in the alternative, continue current trial date of Plaintiff's Motion to Reclassify (WITH PROPOSE
4/14/2021: Declaration (name extension) - Declaration of Paymon John Vafa ISO Ex Parte Application and Motion to Reclassify
4/15/2021: Declaration (name extension) - Declaration of Paymon John Vafa ISO Plaintiff's Motion to Reclassify (and related ex parte application)
4/15/2021: Request for Judicial Notice - Request for Judicial Notice
4/15/2021: Notice of Ruling - Notice of Ruling
4/16/2021: Opposition (name extension) - Opposition to Ex Parte Application
4/16/2021: Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date and s...)
4/16/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application to advance hearing date and s...) of 04/16/2021
12/6/2019: Complaint - Complaint
12/6/2019: First Amended Standing Order - First Amended Standing Order
12/6/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing12/09/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of ServiceRead MoreRead Less
Hearing01/19/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
Hearing09/01/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Reclassify (Walker Motion)Read MoreRead Less
DocketNon-Jury Trial scheduled for 01/19/2022 at 08:30 AM in Spring Street Courthouse at Department 26Read MoreRead Less
DocketNotice of Ruling; Filed by: JIRAIR MAROUTI (Plaintiff)Read MoreRead Less
DocketOn the Court's own motion, Non-Jury Trial scheduled for 06/04/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 01/19/2022 08:30 AMRead MoreRead Less
DocketOpposition to Ex Parte Application; Filed by: LAUREN ASHLEY MILLER (Defendant)Read MoreRead Less
DocketEx Parte Application Ruling; Filed by: ClerkRead MoreRead Less
DocketMinute Order (Hearing on Ex Parte Application to advance hearing date and s...)Read MoreRead Less
DocketCertificate of Mailing for (Hearing on Ex Parte Application to advance hearing date and s...) of 04/16/2021; Filed by: ClerkRead MoreRead Less
DocketDemand for Jury Trial; Filed by: LAUREN ASHLEY MILLER (Defendant)Read MoreRead Less
DocketAnswer; Filed by: LAUREN ASHLEY MILLER (Defendant)Read MoreRead Less
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/09/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketNon-Jury Trial scheduled for 06/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketFirst Amended Standing Order; Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketSummons on Complaint; Issued and Filed by: JIRAIR MAROUTI (Plaintiff); As to: LAUREN ASHLEY MILLER (Defendant)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: JIRAIR MAROUTI (Plaintiff); As to: LAUREN ASHLEY MILLER (Defendant)Read MoreRead Less
DocketComplaint; Filed by: JIRAIR MAROUTI (Plaintiff); As to: LAUREN ASHLEY MILLER (Defendant)Read MoreRead Less
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk CourthouseRead MoreRead Less
Case Number: 19STLC11162 Hearing Date: April 14, 2021 Dept: 26
Marouti v. Miller, et al.MOTION TO RECLASSIFY
(CCP § 403.040)
Plaintiff Jirair Marouti’s Motion to Reclassify Action is DENIED.
On December 6, 2019, Plaintiff Jirair Marouti (“Plaintiff”) filed this action against Defendant Lauren Ashley Miller (“Defendant”) for motor vehicle negligence. Service was accomplished on Defendant in June 2020, at which time an Answer was filed. Plaintiff filed a substitution of attorney on June 29, 2020.
On September 28, 2020, Plaintiff filed the instant Motion to Reclassify Action. Defendant filed an opposition on March 29, 2021 and Plaintiff replied on April 1, 2021.
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.)
In Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 278, 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.) Plaintiff’s burden is to 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.)
The initial time to amend the pleadings having passed, Plaintiff must show good cause for the timing of the Motion to Reclassify and that the amount in controversy exceeds the jurisdiction of this Court. Plaintiff relies on the declaration of counsel, who states that upon substituting into the case in June 2020, he realized Plaintiff’s medical expenses exceed $35,000.00. (Motion, Ghavim Decl., ¶¶6-7.) Defendant points out that Plaintiff’s medical expenses at the time this action was filed were only $9,030.00 based on chiropractic treatment, imaging and an orthopedic surgeon consultation from January 17, 2018 to May 25, 2018. This is corroborated by Plaintiff’s own exhibits. (Id. at Exh. A.) It was not until June 2020 that Plaintiff incurred additional medical expenses of more than $20,000.00. (Ibid.)
Plaintiff has not shown that these additional medical expenses have any relation to the injuries suffered in the subject motor vehicle accident, which occurred on January 11, 2018. (Compl., ¶MV-1.) No declaration is provided by Plaintiff linking her injuries with the care received two-and-a-half years after the accident or explaining the signigicant gap in treatment. Without more evidence, the lack of any apparent treatment for more than two years fails to support the possibility that Plaintiff’s damages from the motor vehicle accident at issue will exceed the jurisdictional limit of this Court. Contrary to Plaintiff’s argument on reply, allegations of the amount in controversy alone do not demonstrate that reclassification is appropriate.
Plaintiff Jirair Marouti’s Motion to Reclassify Action is DENIED.
Defendant to give notice.
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