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.
*******9780
10/22/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
RODRIGUEZ VICTORIA
LUNA LINDA
SZAMOWSKI RACHEL
SZARNOWSKI RACHELL
BOOKER ROBERT L.
FAAL ALI
9/9/2020: Opposition (name extension) - Opposition DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO RECASSIFY
10/16/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
11/10/2020: Notice of Ruling - Notice of Ruling
8/11/2020: Motion to Reclassify - Motion to Reclassify
8/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application to advance hearing date) of 08/14/2020
8/14/2020: Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date)
8/18/2020: Ex Parte Application (name extension) - Ex Parte Application to advance hearing date
8/18/2020: Minute Order - Minute Order (Hearing on Ex Parte Application to advance hearing date)
4/14/2020: Demand for Jury Trial - Demand for Jury Trial
4/14/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
4/14/2020: Answer - Answer
3/18/2020: Declaration re: Due Diligence - Declaration re: Due Diligence
1/17/2020: Affidavit (name extension) - Affidavit of Due Diligence
10/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
10/22/2019: Summons - Summons on Complaint
10/22/2019: Complaint - Complaint
10/22/2019: First Amended Standing Order - First Amended Standing Order
10/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketUpdated -- Motion to Reclassify: Filed By: Victoria Rodriguez (Plaintiff),Linda Luna (Plaintiff); Result: Granted; Result Date: 11/10/2020
DocketMinute Order (Hearing on Motion to Reclassify (Walker Motion))
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
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
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
DocketReply TO MOTION TO RECLASSIFY THE CASE AS AN UNLIMITED JURISDICTION CIVIL CASE; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff)
DocketNotice of Posting of Jury Fees; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff)
DocketOpposition DEFENDANT?S OPPOSITION TO PLAINTIFFS? MOTION TO RECASSIFY; Filed by: Rachell Szarnowski (Defendant)
DocketHearing on Motion to Reclassify (Walker Motion) scheduled for 11/10/2020 at 10:00 AM in Spring Street Courthouse at Department 26
DocketEx Parte Application to advance hearing date; Filed by: Victoria Rodriguez (Plaintiff); As to: Rachell Szarnowski (Defendant)
DocketUpdated -- Rachell Szarnowski (Defendant): First Name changed from RACHEL to Rachell; Last Name changed from SZAMOWSKI, to Szarnowski
DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Victoria Rodriguez (Plaintiff); As to: Rachell Szarnowski (Defendant)
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
DocketNon-Jury Trial scheduled for 04/20/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff); As to: RACHEL SZAMOWSKI, (Defendant)
DocketCivil Case Cover Sheet; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff); As to: RACHEL SZAMOWSKI, (Defendant)
DocketComplaint; Filed by: Victoria Rodriguez (Plaintiff); Linda Luna (Plaintiff); As to: RACHEL SZAMOWSKI, (Defendant)
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.