On 07/05/2019 LUIS ALFONSO filed a Property - Other Real Property lawsuit against MIRIAM RODRIGUEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******6257
07/05/2019
Pending - Other Pending
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
ALFONSO LUIS
RODRIGUEZ MIRIAM
MERCHANTS BONDING COMPANY
CALIFORNIA SECRETARY STATE AGNECY
WOOD DAVID F
1/7/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
11/27/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
10/17/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
10/29/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
10/15/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
10/17/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
9/16/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/23/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
9/23/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
9/17/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
9/3/2019: Proof of Service by Mail - Proof of Service by Mail
9/3/2019: Proof of Service by Mail - Proof of Service by Mail
8/8/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/13/2019: Declaration (name extension) - Declaration Declaration RE: Meet And Confer in Advance of Filing A Demurrer
8/13/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
8/13/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
7/5/2019: Complaint - Complaint
7/5/2019: Summons - Summons on Complaint
DocketNotice of Limited Scope Representation; Filed by: Luis Alfonso (Plaintiff)
DocketMinute Order (Hearing on Demurrer - without Motion to Strike)
DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 01/13/2020; Filed by: Clerk
DocketHearing on Demurrer - without Motion to Strike scheduled for 01/13/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/13/2020; Result Type to Held
DocketNon-Jury Trial scheduled for 01/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/13/2020; Result Type to Not Held - Vacated by Court
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/08/2022 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/13/2020; Result Type to Not Held - Vacated by Court
DocketMemorandum of Points & Authorities; Filed by: Luis Alfonso (Plaintiff)
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
DocketRequest for Entry of Default / Judgment; Filed by: Luis Alfonso (Plaintiff); As to: Miriam Rodriguez (Defendant)
Docket; Default not entered as to Miriam Rodriguez; On the Complaint filed by Luis Alfonso on 07/05/2019
Docket; Default not entered as to Miriam Rodriguez; On the Complaint filed by Luis Alfonso on 07/05/2019
DocketUpdated -- Notice of Rejection Default/Clerk's Judgment: Status Date changed from 08/13/2019 to 08/08/2019; As To Parties: removed
DocketComplaint; Filed by: Luis Alfonso (Plaintiff); As to: Miriam Rodriguez (Defendant); Merchants Bonding Company (Defendant)
DocketCivil Case Cover Sheet; Filed by: Luis Alfonso (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 01/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 19STLC06257 Hearing Date: January 13, 2020 Dept: 94
TENTATIVE RULING:
Defendant Merchants Bonding Company’s Demurrer to the Complaint is PLACED OFF CALENDAR. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.
ANALYSIS:
Plaintiff Luis Alfonso (“Plaintiff”) filed the instant action against \ Miriam Rodriguez and Merchants Bonding Company (“Defendant Merchants”). Defendant Merchants filed the instant Demurrer on September 17, 2019. Plaintiff untimely filed an opposition on January 7, 2020.
As a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint. Specifically, the requests for cancellation of instrument and declaratory relief are outside the jurisdiction of this Court. (See Code Civ. Proc., §§ 85, 86, subds. (a)(7), (b); Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4th 982, 1011.)
THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.
Court clerk to give notice.