This case was last updated from Los Angeles County Superior Courts on 08/30/2020 at 09:39:39 (UTC).

VICKY MITCHELL VS CITY OF LOS ANGELES

Case Summary

On 10/05/2018 VICKY MITCHELL 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:

    *******2558

  • Filing Date:

    10/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

MITCHELL VICKY

Defendant

CITY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH CHARLES

Defendant Attorney

MAVIAN SUSAN

 

Court Documents

Notice (name extension) - Notice of Payment of Transfer Fees

8/18/2020: Notice (name extension) - Notice of Payment of Transfer Fees

Minute Order - Minute Order (Non-Appearance Case Review re payment of reclassification fees)

8/28/2020: Minute Order - Minute Order (Non-Appearance Case Review re payment of reclassification fees)

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial,(And Related Motion/Discovery Date)

8/17/2020: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial,(And Related Motion/Discovery Date)

Minute Order - Minute Order (Hearing on Motion - Other Plaintiff's Motion to Reclassify La...)

8/17/2020: Minute Order - Minute Order (Hearing on Motion - Other Plaintiff's Motion to Reclassify La...)

Notice of Motion - Notice of Motion

9/26/2019: Notice of Motion - Notice of Motion

Opposition (name extension) - Opposition Opposition to motion to compel; Declaration of Kenneth C. Yeager

10/15/2019: Opposition (name extension) - Opposition Opposition to motion to compel; Declaration of Kenneth C. Yeager

[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

2/13/2020: [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

Motion to Reclassify - Motion to Reclassify

3/4/2020: Motion to Reclassify - Motion to Reclassify

Proof of Personal Service - Proof of Personal Service

3/7/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

4/5/2019: Answer - Answer

Complaint

10/5/2018: Complaint

Summons - on Complaint

10/5/2018: Summons - on Complaint

Civil Case Cover Sheet

10/5/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

10/5/2018: Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 06/21/2021
  • Hearing06/21/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/04/2020
  • Hearing09/04/2020 at 02:00 PM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 08/28/2020
  • DocketNon-Appearance Case Review re payment of reclassification fees scheduled for 09/04/2020 at 02:00 PM in Spring Street Courthouse at Department 26

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  • 08/28/2020
  • DocketMinute Order (Non-Appearance Case Review re payment of reclassification fees)

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  • 08/28/2020
  • DocketOn the Court's own motion, Non-Appearance Case Review re payment of reclassification fees scheduled for 08/28/2020 at 02:00 PM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 09/04/2020 02:00 PM

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  • 08/20/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 08/24/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Party was rescheduled to 02/25/2021 09:30 AM

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  • 08/18/2020
  • DocketNotice of Payment of Transfer Fees; Filed by: Vicky Mitchell (Plaintiff); As to: Vicky Mitchell (Plaintiff)

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  • 08/17/2020
  • DocketUpdated -- Motion to Reclassify: Filed By: Vicky Mitchell (Plaintiff); Result: Granted; Result Date: 08/17/2020

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  • 08/17/2020
  • DocketStipulation and Order to Continue Trial,(And Related Motion/Discovery Date); Filed by: City of Los Angeles (Defendant); As to: Vicky Mitchell (Plaintiff)

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  • 08/17/2020
  • DocketUpdated -- Stipulation and Order to Continue Trial,(And Related Motion/Discovery Date): Status changed from Filed to Signed and Filed

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13 More Docket Entries
  • 09/26/2019
  • DocketNotice of Motion; Filed by: City of Los Angeles (Defendant)

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  • 04/05/2019
  • DocketAnswer; Filed by: City of Los Angeles (Defendant); As to: Vicky Mitchell (Plaintiff)

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  • 03/07/2019
  • DocketProof of Personal Service; Filed by: Vicky Mitchell (Plaintiff); As to: City of Los Angeles (Defendant); Service Date: 02/21/2019; Service Cost Waived: No

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  • 10/05/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/05/2018
  • DocketNon-Jury Trial scheduled for 04/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/05/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 10/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Vicky Mitchell (Plaintiff)

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  • 10/05/2018
  • DocketComplaint; Filed by: Vicky Mitchell (Plaintiff); As to: City of Los Angeles (Defendant)

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Tentative Rulings

Case Number: 18STLC12558    Hearing Date: August 17, 2020    Dept: 26

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff Vicky Mitchell’s Motion to Reclassify Action as Unlimited is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ANALYSIS:

On October 5, 2018, Plaintiff Vicky Mitchell (“Plaintiff”) filed this action against Defendant City of Los Angeles (“Defendant”) for premises liability arising out of a trip and fall incident. On March 4, 2020, Plaintiff filed the instant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. To date, no opposition has been filed.

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

The initial time for Plaintiff to amend the pleadings having passed, Plaintiff must show both that the case is incorrectly classified and that she has good cause for not moving to reclassify earlier. Plaintiff presents evidence that when this action was filed, she had only incurred medical damages of about $3,000.00 from the neck, shoulder, wrist, back and knee injuries she allegedly sustained. (Motion, Yeager Decl., ¶¶2-4.) Nor did Plaintiff anticipate incurring additional medical expenses at that time. (Ibid.) However, Plaintiff continued to experience pain after the initial chiropractic treatment and Plaintiff’s counsel encouraged her to obtain an orthopedic consultation. (Id. at ¶6.) In January 30, 2020, Plaintiff saw an orthopedic surgeon who performed a physical evaluation and recommended a course of treatment for all affected areas. (Id. at ¶7 and Exh. A.) The anticipated cost for these recommended treatments, which include knee and shoulder surgery, is in the hundreds of thousands of dollars. (Ibid.)

This evidence, which is unopposed, demonstrates good cause for the timing of this Motion. Plaintiff sought reclassification shortly after the orthopedic consultation. The evidence from the orthopedic surgeon also demonstrates the probability Plaintiff’s damages will exceed the jurisdictional limit of this court.

Based on the foregoing, Plaintiff’s Motion to Reclassify Action is GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT.

PLAINTIFF TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

Moving party to give notice.