VICTORIA RODRIGUEZ, ET AL. VS RACHEL SZAMOWSKI,

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.