This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 14:44:46 (UTC).

MICHAEL QUILLEN VS CAR CITY INC

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3903

  • Filing Date:

    10/23/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

QUILLEN MICHAEL

Defendants

CHASE BANK FINANCE

CAR CITY INC

AMERICAN CONTRACTORS INDEMNITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

GELLER MICHAEL STEVEN

Defendant Attorney

KESHISHIAN ARNO HILL

 

Court Documents

Order (name extension) - Order Granting Ex Parte Application

11/9/2018: Order (name extension) - Order Granting Ex Parte Application

Minute Order - Minute Order (Hearing on Ex Parte Application restoring matter to the court...)

11/9/2018: Minute Order - Minute Order (Hearing on Ex Parte Application restoring matter to the court...)

Ex Parte Application (name extension) - Ex Parte Application restoring matter to the court's regular civil calendar

11/9/2018: Ex Parte Application (name extension) - Ex Parte Application restoring matter to the court's regular civil calendar

Answer - Answer

1/14/2019: Answer - Answer

Minute Order - Minute Order (Non-Jury Trial)

4/22/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 04/22/2019

4/22/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 04/22/2019

Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Continue Trial

5/1/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Continue Trial

Stipulation and Order (name extension) - FOR BINDING ARBITRATION AND STAY OF ACTION; GRANTING STIPULATION FOR BINDING ARBITRATION AND STAY OF ACTION

1/23/2018: Stipulation and Order (name extension) - FOR BINDING ARBITRATION AND STAY OF ACTION; GRANTING STIPULATION FOR BINDING ARBITRATION AND STAY OF ACTION

Minute Order - (Court Order)

1/23/2018: Minute Order - (Court Order)

Proof of Service by Mail - Fitst-class

11/21/2017: Proof of Service by Mail - Fitst-class

Proof of Personal Service

11/13/2017: Proof of Personal Service

Proof of Personal Service

11/13/2017: Proof of Personal Service

Summons - on Complaint

10/23/2017: Summons - on Complaint

Civil Case Cover Sheet

10/23/2017: Civil Case Cover Sheet

Complaint

10/23/2017: Complaint

Notice of Case Assignment - Limited Civil Case

10/23/2017: Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 10/26/2020
  • 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

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  • 10/18/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/01/2019
  • 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

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  • 05/01/2019
  • DocketStipulation and Order Stipulation and Order to Continue Trial; Filed by: Car City Inc (Defendant); As to: Michael Quillen (Plaintiff)

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  • 04/25/2019
  • DocketUpdated -- Stipulation and Order Stipulation and Order to Continue Trial: Filed By: Car City Inc (Defendant); Result: Granted; Result Date: 04/25/2019

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  • 04/22/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 04/22/2019
  • DocketCertificate of Mailing for Minute Order (Non-Jury Trial) of 04/22/2019; Filed by: Clerk

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  • 04/22/2019
  • 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

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  • 01/14/2019
  • DocketAnswer; Filed by: Car City Inc (Defendant); American Contractors Indemnity Company (Defendant); Chase Bank Finance (Defendant)

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  • 11/09/2018
  • 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)

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12 More Docket Entries
  • 11/13/2017
  • 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

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  • 11/13/2017
  • 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

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  • 10/26/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/26/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 10/26/2017
  • DocketNon-Jury Trial scheduled for 04/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 10/26/2017
  • 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

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  • 10/23/2017
  • DocketComplaint; Filed by: Michael Quillen (Plaintiff); As to: Car City Inc (Defendant)

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  • 10/23/2017
  • DocketCivil Case Cover Sheet; Filed by: Michael Quillen (Plaintiff)

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  • 10/23/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/23/2017
  • DocketUpdated -- Summons on Complaint: Status Date changed from 10/26/2017 to 10/23/2017; Name Extension changed from on Complaint to on Complaint

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Tentative Rulings

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.