This case was last updated from Los Angeles County Superior Courts on 08/05/2021 at 02:04:55 (UTC).

SKYLAR TAGGER VS CITY OF LOS ANGELES

Case Summary

On 10/01/2018 SKYLAR TAGGER filed a Personal Injury - Other Personal Injury lawsuit against CITY OF LOS ANGELES. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2321

  • Filing Date:

    10/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

WILLIAMS QUINDA

Defendant

CITY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff Attorney

WRIGHT TIMOTHY DANIEL

2227 W Live Oak Dr

Los Angeles, CA 90068

Defendant Attorney

GHAEMI DORDANEH

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/19/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice Re: Continuance of Hearing

7/23/2021: Notice (name extension) - Notice Re: Continuance of Hearing

Ex Parte Application (name extension) - Ex Parte Application FOR LEAVE TO AMEND AND CHANGE JURISDICTION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TIM D.

2/26/2021: Ex Parte Application (name extension) - Ex Parte Application FOR LEAVE TO AMEND AND CHANGE JURISDICTION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TIM D.

Notice (name extension) - Notice to Withdraw Ex Parte Hearing

2/26/2021: Notice (name extension) - Notice to Withdraw Ex Parte Hearing

Ex Parte Application (name extension) - Ex Parte Application FOR LEAVE TO AMEND AND CHANGE JURISDICTION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TIM D.

2/26/2021: Ex Parte Application (name extension) - Ex Parte Application FOR LEAVE TO AMEND AND CHANGE JURISDICTION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TIM D.

Minute Order - Minute Order (Hearing on Ex Parte Application FOR LEAVE TO AMEND AND CHANGE...)

3/1/2021: Minute Order - Minute Order (Hearing on Ex Parte Application FOR LEAVE TO AMEND AND CHANGE...)

Opposition (name extension) - Opposition to Ex Parte Application for Leave to Amend and Change Jurisdiction to Continue Trial and Related Dates

3/2/2021: Opposition (name extension) - Opposition to Ex Parte Application for Leave to Amend and Change Jurisdiction to Continue Trial and Related Dates

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application FOR LEAVE TO AMEND AND CHANGE...) of 03/03/2021

3/3/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application FOR LEAVE TO AMEND AND CHANGE...) of 03/03/2021

Minute Order - Minute Order (Hearing on Ex Parte Application FOR LEAVE TO AMEND AND CHANGE...)

3/3/2021: Minute Order - Minute Order (Hearing on Ex Parte Application FOR LEAVE TO AMEND AND CHANGE...)

Order (name extension) - Order of Court's Ruling

3/3/2021: Order (name extension) - Order of Court's Ruling

Motion to Reclassify - Motion to Reclassify

3/18/2021: Motion to Reclassify - Motion to Reclassify

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

7/24/2020: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial Dates

Answer - Answer

2/14/2020: Answer - Answer

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

3/5/2020: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

Application And Order For Appointment of Guardian Ad Litem - Skylar Tagger a minor, a by and through guardian ad litem Quinda Williams

10/15/2018: Application And Order For Appointment of Guardian Ad Litem - Skylar Tagger a minor, a by and through guardian ad litem Quinda Williams

Complaint

10/1/2018: Complaint

Civil Case Cover Sheet

10/1/2018: Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court)

10/1/2018: Order on Court Fee Waiver (Superior Court)

12 More Documents Available

 

Docket Entries

  • 09/13/2021
  • Hearing09/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/05/2021
  • Hearing08/05/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Reclassify (Walker Motion)

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  • 08/03/2021
  • DocketUpdated -- Motion to Reclassify of a Limited Action to an Unlimited Action (CCP 403.040b)): Name Extension changed from FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION; to of a Limited Action to an Unlimited Action (CCP 403.040b)); As To Parties: City of Los Angeles (Defendant)

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  • 08/03/2021
  • DocketUpdated -- Motion to Reclassify of a Limited Action to an Unlimited Action [ (CCP 403.040b)) - Walker Motion ]: Name Extension changed from of a Limited Action to an Unlimited Action (CCP 403.040b)) to of a Limited Action to an Unlimited Action [ (CCP 403.040b)) - Walker Motion ]; As To Parties: City of Los Angeles (Defendant)

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  • 07/23/2021
  • DocketNotice Re: Continuance of Hearing; Filed by: Skylar Tagger (Plaintiff); As to: Skylar Tagger (Plaintiff); Quinda Williams (Plaintiff); City of Los Angeles (Defendant)

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  • 07/19/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/19/2021
  • DocketOn the Court's own motion, Hearing on Motion to Reclassify (Walker Motion) scheduled for 07/29/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 08/05/2021 10:00 AM

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  • 07/13/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Timothy Daniel Wright (Attorney)

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  • 07/13/2021
  • DocketAddress for Timothy Daniel Wright (Attorney) updated

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  • 03/18/2021
  • DocketMotion to Reclassify; Filed by: Skylar Tagger (Plaintiff)

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28 More Docket Entries
  • 12/12/2019
  • DocketSummons on Complaint; Issued and Filed by: Skylar Tagger (Plaintiff); Quinda Williams (Plaintiff); As to: City of Los Angeles (Defendant)

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  • 10/15/2018
  • DocketSkylar Tagger a minor, a by and through guardian ad litem Quinda Williams; Signed and Filed by: Quinda Williams (Plaintiff); As to: Skylar Tagger (Plaintiff)

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  • 10/01/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2018
  • DocketNon-Jury Trial scheduled for 03/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 10/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Skylar Tagger (Plaintiff)

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  • 10/01/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Skylar Tagger (Plaintiff)

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  • 10/01/2018
  • DocketRequest to Waive Court Fees; Filed by: Skylar Tagger (Plaintiff)

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  • 10/01/2018
  • DocketComplaint; Filed by: Skylar Tagger (Plaintiff); As to: City of Los Angeles (Defendant)

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Tentative Rulings

b"

Case Number: 18STLC12321 Hearing Date: August 5, 2021 Dept: 26

Tagger v. City of Los\r\nAngeles, et al. 18STLC12321

MOTION TO RECLASSIFY

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(CCP § 403.040)

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TENTATIVE RULING: \r\n

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\r\n\r\n

Motion of Plaintiff Sylar Tagger, by and through Guardian Ad\r\nLitem Quinda Williams, to Reclassify Action is GRANTED. THIS CASE IS\r\nRECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE\r\nRECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE\r\nCASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF TO PAY THE RECLASSIFICATION\r\nFEE WITHIN TEN (10) DAYS.]

ANALYSIS:

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On October 1, 2018, minor\r\nPlaintiff Skylar Tagger (“Plaintiff”), by and through her Guardian Ad Litem, filed\r\nthis action against Defendant City of Los Angeles (“Defendant”) for injuries\r\nsustained on its premises.

\r\n\r\n

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Plaintiff filed the\r\ninstant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction\r\n(“Motion”) on March 18, 2021. To date, no opposition has been filed.

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Discussion

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Code of Civil\r\nProcedure section 403.040 allows a plaintiff to file a motion for\r\nreclassification of an action within the time allowed for that party to amend\r\nthe initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) If the motion is\r\nmade after the time for the plaintiff to amend the pleading, the motion may\r\nonly be granted if (1) the case is incorrectly classified; and (2) the\r\nplaintiff shows good cause for not seeking reclassification earlier. (Code Civ.\r\nProc., § 403.040, subd. (b).)

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The initial time for Plaintiff to amend the pleadings having\r\npassed, Plaintiff must show both that the case is incorrectly classified and\r\nthat she has good cause for not moving to reclassify earlier. In Walker v. Superior Court (1991) 53\r\nCal.3d 257, 262, the California Supreme Court held that a matter may be\r\nreclassified from unlimited to limited only if it appears to a legal\r\ncertainty that the plaintiff's damages will necessarily be less than $25,000. (Walker\r\nv. Superior Court (1991) 53 Cal.3d 257.) In Ytuarte v. Superior Court (2005)\r\n129 Cal.App.4th 266, 278, the Court of Appeals examined the principles it set\r\nforth in Walker and held that\r\n“the court should reject the plaintiff's effort to reclassify the action as\r\nunlimited only when the lack of jurisdiction as an “unlimited” case is certain\r\nand clear.” (Id. at 279.)\r\nNevertheless, the plaintiff must present evidence to demonstrate a possibility\r\nthat the damages will exceed $25,000.00 and the trial court must review the\r\nrecord to determine “whether a judgment in excess of $25,000.00 is obtainable.”\r\n(Ibid.)

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Plaintiff presents evidence that when this action was filed,\r\nthe extent of her damages was unknown. (Motion, Wright Decl., ¶4.) At the time\r\nof the injury, Plaintiff was six years old and it was necessary to evaluate her\r\ninjury over time to determine the proper course of treatment and associated\r\ncosts. (Id. at ¶7.) On February 25, 2021, Plaintiff was evaluated for\r\nplastic surgery with respect to her eyelid injury and the surgery is now recommended\r\nto correct the “disfiguring scar of the left lateral infra brow.” (Id.\r\nat Exh. 1, p. 2.) The cost of the surgery is estimated to be $27,000.00. (Ibid.)\r\n

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This evidence, which is unopposed, demonstrates both good\r\ncause for the timing of this Motion and that Plaintiff has a possibility of\r\ndamages that will exceed the limited jurisdiction Court.

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Conclusion

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Motion of Plaintiff Sylar Tagger, by and through Guardian Ad\r\nLitem Quinda Williams, to Reclassify Action is GRANTED. THIS CASE IS RECLASSIFIED\r\nAS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER\r\nDESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT\r\nCALENDAR COURT. PLAINTIFF TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10)\r\nDAYS.]

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Moving party to give notice.

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