On 10/23/2017 MICHAEL QUILLEN filed a Contract - Other Contract lawsuit against CAR CITY INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
*******3903
10/23/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
QUILLEN MICHAEL
CHASE BANK FINANCE
CAR CITY INC
AMERICAN CONTRACTORS INDEMNITY COMPANY
GELLER MICHAEL STEVEN
KESHISHIAN ARNO HILL
11/9/2018: Order (name extension) - Order Granting Ex Parte Application
11/9/2018: Minute Order - Minute Order (Hearing on Ex Parte Application restoring matter to the court...)
11/9/2018: Ex Parte Application (name extension) - Ex Parte Application restoring matter to the court's regular civil calendar
1/14/2019: Answer - Answer
4/22/2019: Minute Order - Minute Order (Non-Jury Trial)
4/22/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 04/22/2019
5/1/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Continue Trial
1/23/2018: Stipulation and Order (name extension) - FOR BINDING ARBITRATION AND STAY OF ACTION; GRANTING STIPULATION FOR BINDING ARBITRATION AND STAY OF ACTION
1/23/2018: Minute Order - (Court Order)
11/21/2017: Proof of Service by Mail - Fitst-class
11/13/2017: Proof of Personal Service
11/13/2017: Proof of Personal Service
10/23/2017: Summons - on Complaint
10/23/2017: Civil Case Cover Sheet
10/23/2017: Complaint
10/23/2017: Notice of Case Assignment - Limited Civil Case
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketPursuant to written stipulation, Non-Jury Trial scheduled for 05/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Stipulation was rescheduled to 10/18/2019 08:30 AM
DocketStipulation and Order Stipulation and Order to Continue Trial; Filed by: Car City Inc (Defendant); As to: Michael Quillen (Plaintiff)
DocketUpdated -- Stipulation and Order Stipulation and Order to Continue Trial: Filed By: Car City Inc (Defendant); Result: Granted; Result Date: 04/25/2019
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for Minute Order (Non-Jury Trial) of 04/22/2019; Filed by: Clerk
DocketNon-Jury Trial scheduled for 04/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 04/22/2019; Result Type to Not Held - Taken Off Calendar by Court
DocketAnswer; Filed by: Car City Inc (Defendant); American Contractors Indemnity Company (Defendant); Chase Bank Finance (Defendant)
DocketEx Parte Application restoring matter to the court's regular civil calendar; Filed by: Michael Quillen (Plaintiff); As to: Car City Inc (Defendant); American Contractors Indemnity Company (Defendant); Chase Bank Finance (Defendant)
DocketProof of Personal Service; Filed by: Michael Quillen (Plaintiff); As to: American Contractors Indemnity Company (Defendant); Service Date: 10/31/2017; Service Cost: 55.00; Service Cost Waived: No
DocketProof of Personal Service; Filed by: Michael Quillen (Plaintiff); As to: Car City Inc (Defendant); Service Date: 10/31/2017; Service Cost: 55.00; Service Cost Waived: No
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 04/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 10/26/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketComplaint; Filed by: Michael Quillen (Plaintiff); As to: Car City Inc (Defendant)
DocketCivil Case Cover Sheet; Filed by: Michael Quillen (Plaintiff)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketUpdated -- Summons on Complaint: Status Date changed from 10/26/2017 to 10/23/2017; Name Extension changed from on Complaint to on Complaint
Case Number: 17STLC03903 Hearing Date: March 10, 2020 Dept: 26
Quillen v. Car City, Inc., et al.
MOTION FOR RECLASSIFICATION
(CCP § 403.040)
TENTATIVE RULING:
Plaintiff Michael Quillen’s Motion to Reclassify is DENIED.
ANALYSIS:
On October 23, 2017, Plaintiff Michael Quillen (“Plaintiff”) filed the instant action for violation of Consumer Legal Remedies Act, unfair business practices, and fraud related to Plaintiff’s purchase of a motor vehicle against Defendant Car City, Inc. (“Defendant”). Following the parties’ stipulation to arbitrate, the case was stayed until November 9, 2018. Thereafter, the parties stipulated to continue the trial date multiple times, with the latest continuance to March 9, 2020 in order to allow Plaintiff to file a motion to reclassify the action as an unlimited civil case.
Plaintiff filed the instant Motion to Reclassify Action on January 13, 2020. Defendant filed its opposition on February 26, 2020 and Plaintiff replied on March 3, 2020.
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. (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.) 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.)
Discussion
Here, because the initial time for Plaintiff to amend the pleadings has passed, Plaintiff must show that the case is incorrectly classified and that it had good cause for not moving to reclassify earlier. Plaintiff’s Motion, however, is not supported by evidence demonstrating a possibility that the damages will exceed the Court’s jurisdictional limit. The Motion is supported solely by an attorney declaration that does not address the damages amount. (Motion, Geller Decl., ¶4.) Merely stating that the case is in excess of the jurisdictional limit is insufficient as no competent evidence of the damages Plaintiff has incurred is submitted. (Id. at ¶¶4-11.) Without relevant evidence, the Court cannot find that reclassification is appropriate.
Plaintiff Michael Quillen’s Motion to Reclassify Action is DENIED.
Defendant to give notice.