This case was last updated from Los Angeles County Superior Courts on 11/12/2020 at 03:32:03 (UTC).

VICTORIA RODRIGUEZ, ET AL. VS RACHEL SZAMOWSKI,

Case Summary

On 10/22/2019 VICTORIA RODRIGUEZ filed a Personal Injury - Motor Vehicle lawsuit against RACHEL SZAMOWSKI. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9780

  • Filing Date:

    10/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

RODRIGUEZ VICTORIA

LUNA LINDA

Defendants

SZAMOWSKI RACHEL

SZARNOWSKI RACHELL

Attorney/Law Firm Details

Plaintiff Attorney

BOOKER ROBERT L.

Defendant Attorney

FAAL ALI

 

Court Documents

Opposition (name extension) - Opposition DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO RECASSIFY

9/9/2020: Opposition (name extension) - Opposition DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO RECASSIFY

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

10/16/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Notice of Ruling - Notice of Ruling

11/10/2020: Notice of Ruling - Notice of Ruling

Motion to Reclassify - Motion to Reclassify

8/11/2020: Motion to Reclassify - Motion to Reclassify

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application to advance hearing date) of 08/14/2020

8/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application to advance hearing date) of 08/14/2020

Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date)

8/14/2020: Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date)

Ex Parte Application (name extension) - Ex Parte Application to advance hearing date

8/18/2020: Ex Parte Application (name extension) - Ex Parte Application to advance hearing date

Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date)

8/18/2020: Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date)

Demand for Jury Trial - Demand for Jury Trial

4/14/2020: Demand for Jury Trial - Demand for Jury Trial

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

4/14/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

4/14/2020: Answer - Answer

Declaration re: Due Diligence - Declaration re: Due Diligence

3/18/2020: Declaration re: Due Diligence - Declaration re: Due Diligence

Affidavit (name extension) - Affidavit of Due Diligence

1/17/2020: Affidavit (name extension) - Affidavit of Due Diligence

Civil Case Cover Sheet - Civil Case Cover Sheet

10/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

10/22/2019: Summons - Summons on Complaint

Complaint - Complaint

10/22/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

10/22/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 11/10/2020
  • DocketUpdated -- Motion to Reclassify: Filed By: Victoria Rodriguez (Plaintiff),Linda Luna (Plaintiff); Result: Granted; Result Date: 11/10/2020

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  • 11/10/2020
  • DocketMinute Order (Hearing on Motion to Reclassify (Walker Motion))

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  • 11/10/2020
  • DocketHearing on Motion to Reclassify (Walker Motion) scheduled for 11/10/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/10/2020; Result Type to Held - Motion Granted

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  • 11/10/2020
  • DocketNon-Jury Trial scheduled for 04/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/10/2020; Result Type to Not Held - Vacated by Court

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  • 11/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/25/2022 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/10/2020; Result Type to Not Held - Vacated by Court

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  • 10/29/2020
  • DocketReply TO MOTION TO RECLASSIFY THE CASE AS AN UNLIMITED JURISDICTION CIVIL CASE; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff)

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  • 10/16/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff)

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  • 09/09/2020
  • DocketOpposition DEFENDANT?S OPPOSITION TO PLAINTIFFS? MOTION TO RECASSIFY; Filed by: Rachell Szarnowski (Defendant)

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  • 08/18/2020
  • DocketHearing on Motion to Reclassify (Walker Motion) scheduled for 11/10/2020 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 08/18/2020
  • DocketEx Parte Application to advance hearing date; Filed by: Victoria Rodriguez (Plaintiff); As to: Rachell Szarnowski (Defendant)

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16 More Docket Entries
  • 12/23/2019
  • DocketUpdated -- Rachell Szarnowski (Defendant): First Name changed from RACHEL to Rachell; Last Name changed from SZAMOWSKI, to Szarnowski

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  • 12/09/2019
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Victoria Rodriguez (Plaintiff); As to: Rachell Szarnowski (Defendant)

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  • 10/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/23/2019
  • DocketNon-Jury Trial scheduled for 04/20/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/23/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 10/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff); As to: RACHEL SZAMOWSKI, (Defendant)

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  • 10/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff); As to: RACHEL SZAMOWSKI, (Defendant)

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  • 10/22/2019
  • DocketComplaint; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff); As to: RACHEL SZAMOWSKI, (Defendant)

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Tentative Rulings

Case Number: 19STLC09780    Hearing Date: November 10, 2020    Dept: 26

Rodriguez, et al. v. Szarnowski, et al.

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiffs Victoria Rodriguez and Linda Luna’s Motion to Reclassify Action as Unlimited is GRANTED.

ANALYSIS:

On October 22, 2019, Plaintiffs Victoria Rodriguez and Linda Luna (“Plaintiffs”) filed this action against Defendant Cheng Rachel Szarnowski (erroneously sued as Rachel Szamowski (“Defendant”) for motor vehicle negligence. Defendant filed an Answer to the Complaint on April 14, 2020. Plaintiffs filed the instant Motion to Reclassify Action on August 11, 2020. Defendant filed an opposition on September 9, 2020 and Plaintiffs replied on October 29, 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

The initial time to amend the pleadings having passed, Plaintiff must show good cause for the timing of the Motion to Reclassify and that the amount in controversy exceeds the jurisdiction of this Court. Plaintiff relies on the declaration of counsel and discovery responses to demonstrate that Plaintiffs have incurred property damages of $4,542.68 and medical specials of $18,269.00. (Motion, Diaz Decl., ¶¶2-4 and Exhs. A-C.) Contrary to Defendant’s opposition, Plaintiffs’ burden is not to show that the unlimited court necessarily has jurisdiction over this action. Plaintiffs must only show the possibility that the unlimited court has jurisdiction. The property and medical expenses incurred by Plaintiff, in addition to the claim for general damages, carry Plaintiffs’ burden of proof.Plaintiff's  Motion must also demonstrate good cause for the timing of the request to reclassify, which is required by the statute. Ib.) The Complaint alleges the accident occurred on December 12, 2018. (Compl., ¶2.) Plaintiffs incurred the claimed $18,269.00 in medical expenses prior to the filing of this action. (Motion, Diaz Decl., Exh. C.) Further, Plaintiff explained that the complete medical expenses were not realized until discovery responses were prepared.  Case transferred to the reclassification  desk and plaintiff to pay the reclassification fees.

Conclusion

Plaintiffs Victoria Rodriguez and Linda Luna’s Motion to Reclassify Action as Unlimited is GRANTED.

Moving party to give notice.