What is a Motion to Reclassify?

Useful Rulings on Motion to Reclassify

Recent Rulings on Motion to Reclassify

VARTAN BABURIAN VS GRILL CONCEPTS, INC.

The Motion to Reclassify this Action from the Unlimited Jurisdiction Court to the Limited Jurisdiction Court Pursuant to Code of Civil Procedure Section 396 filed by Defendant Grill Concepts, Inc. is DENIED. Defendant has not established to a legal certainty that plaintiff cannot recover $25,000. (Maldonado v. Superior Court (1996) 45 Cal. App. 4th 397, 401.)

  • Hearing

    Aug 07, 2020

(NO CASE NAME AVAILABLE)

Salinas’ Motion to Reclassify Action as Unlimited is DENIED. Court clerk to give notice.

  • Hearing

    Aug 05, 2020

DOMINIQUE LAPAGE VS LAUREN WOLF

On July 26, 2019, Plaintiffs filed the first Motion to Reclassify. Following a failure to demonstrate proper notice, the Court placed the First Motion to Reclassify off calendar on December 2, 2019. On December 6, 2020, Plaintiffs filed the second Motion to Reclassify, which is currently set for hearing on August 3, 2020. To date, no opposition has been filed.

  • Hearing

    Aug 03, 2020

A TO Z TEXTILES, INC. VS FABRIQUE INNOVATIONS, INC.

MOTION TO RECLASSIFY ACTION TENTATIVE RULING: Defendant / Cross-Complainant Fabrique Innovations, Inc.’s Motion to Reclassify Action as Unlimited is CONTINUED TO SEPTEMBER 14, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On July 16, 2018, Plaintiff A to Z Textiles, Inc. (“Plaintiff / Cross-Defendant”) filed this action against Defendant Fabrique Innovations, Inc. (“Defendant / Cross-Complainant”) for breach of contract and related claims.

  • Hearing

    Aug 03, 2020

GABRIEL HERRERA VS ANDREA THOMPSON

Thompson 18STCV09748 Defendant’s Motion to Reclassify Action as Limited Jurisdiction is DENIED. Defendant has not established that the case is incorrectly classified. Cal. Code Civ. Proc. § 403.040(b). The court may transfer to limited jurisdiction if “it becomes clear that the matter will ‘necessarily’ result in a verdict below the superior court jurisdictional amount.” (Walker v. Superior Court (1992) 53 Cal. 3d 257, 262.)

  • Hearing

    Jul 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BOURDASE V. COUNTY OF FRESNO

Motion: By Court, On Its Own Motion, to Reclassify Case Tentative Ruling: To grant the motion to reclassify the case as a small claims matter. (Civ. Code. §§ 116.220(a)(1), 116.221; Code Civ. Proc. § 403.040(a).) Explanation: The court previously sustained the County’s demurrer to plaintiff’s claims for racial, religious, and political discrimination, without leave to amend. (See Court’s Order of July 8, 2020.)

  • Hearing

    Jul 27, 2020

MARSHA A. JOHNSON VS BOARD OF REGISTERED NURSES

Motion to Reclassify Defendant moves to reclassify this matter from limited to unlimited jurisdiction based on the requested relief. Despite Plaintiff’s identification of this action as a limited civil action, the action is currently classified as an unlimited civil action based on the relief sought. Therefore, Defendant Board of Registered Nursing’s Motion to Reclassify Matter from Limited to Unlimited Jurisdiction is DENIED, as MOOT.

  • Hearing

    Jul 26, 2020

ANTONIO CABRAL, ET AL. VS CARLOS M QUINTANA

Rice (1) Motion to Reclassify from Unlimited to Limited Jurisdiction Moving Party: Defendant Carlos Quintana Responding Party: Plaintiffs Antonio Cabral and Patricia Cabral Ruling: The motion to reclassify is denied. Section 403.040 of the Code of Civil Procedure governs motions for reclassification. A defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).)

  • Hearing

    Jul 24, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

WALSH V. LAGUNA WOODS VILLAGE

The defendant filed its answer on December 6, 2019, but only submitted the motion to reclassify on March 18, 2020; and, due to the COVID-19 pandemic and administrative orders of the court, the motion was not filed until May 26, 2020. The defendant filed a renewed motion to reclassify on May 29, 2020. The court finds the case was incorrectly classified as it will necessarily result in a verdict below the jurisdictional amount of the unlimited court.

  • Hearing

    Jul 23, 2020

VIVERA PHARMACEUTICALS, INC. VS ROBERT C BLAINE, ET AL.

.; (2) MOTION TO RECLASSIFY CASE [EDALAT] AS COMPLEX PURSUANT TO CALIFORNIA RULES OF COURT 3.400 ET SEQ.; (3) FRED BATTAH, JM LOGISTICAL SERVICES AND REAL VALUE PRODUCTS CORPORATION’S JOINDER IN DR. ROBERT C. BLAINE, ET AL.’S MOTION TO CONSOLIDATE RELATED CASES AND MOTION TO DESIGNATE THE VIVERA CASE AS COMPLEX MOVING PARTY: (1) Dr. Robert C.

  • Hearing

    Jul 16, 2020

SHIRLEY HANSING VS WALMART

Defendant's motion to reclassify unlimited civil case is denied without prejudice. Plaintiff shall produce current photographs of her injury to the Court within 10 days of the date of this ruling. Defendant's request for a protective order is denied.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LARON YOUNG VS SUNKIST GROWERS INC.

CONCLUSION AND ORDER Based upon the foregoing, Defendant’s motion to reclassify this case as a limited civil action is granted. The Court’s clerk shall provide notice. DATED: July 15, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Jul 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

PEOPLE'S UNION LLC VS T-MOBILE WEST LLC

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: Plaintiff People’s Union, LLC’s Motion to Reclassify is GRANTED. The action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

  • Hearing

    Jul 15, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

OKSANNA ASIRYAN VS ANGELA A. VETISYAN, ET AL.

On March 2, 2020, Defendants filed the instant motion to reclassify this case as a limited action. On April 1, 2020, Plaintiff filed an opposition. Due to the COVID-19 pandemic, the Court continued the hearing date for this motion from April 15, 2020, to July 14, 2020 at 1:30 pm. (Minute Orders 3/23/20, 4/28/20.) On April 27, 2020, the moving party, Defendant, filed a proof of service as to the new hearing date. No reply has been filed.

  • Hearing

    Jul 14, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

OKSANNA ASIRYAN VS ANGELA A. VETISYAN, ET AL.

On March 2, 2020, Defendants filed the instant motion to reclassify this case as a limited action. On April 1, 2020, Plaintiff filed an opposition. Due to the COVID-19 pandemic, the Court continued the hearing date for this motion from April 15, 2020, to July 14, 2020 at 1:30 pm. (Minute Orders 3/23/20, 4/28/20.) On April 27, 2020, the moving party, Defendant, filed a proof of service as to the new hearing date. No reply has been filed.

  • Hearing

    Jul 14, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ELVA VENEGAS VS MILTON RANDY BETZ ET AL.

Good cause having been shown, Plaintiff's unopposed Motion to Reclassify the case to limited under $25,000.00 is GRANTED. Hon. George J. Abdallah, Jr., Judge of the Superior Court

  • Hearing

    Jul 13, 2020

  • Judge

    George J. Abdallah

  • County

    San Joaquin County, CA

STEPHANIE SHIN VS JEWISH EDUCATIONAL MOVEMENT, A CALIFORNIA CORPORATION , ET AL.

Plaintiff has demonstrated good cause for the timing of the Motion to Reclassify and demonstrated the possibility that the amount in controversy will exceed $25,000.00. Plaintiff’s Motion to Reclassify Action as an Unlimited Civil Case is GRANTED. Conclusion Plaintiff Stephanie Shin’s Motion for Leave to File a First Amended Complaint and Motion to Reclassify Action as Unlimited Civil Case are GRANTED. Moving party to give notice.

  • Hearing

    Jul 10, 2020

(NO CASE NAME AVAILABLE)

MOTION FOR RECONSIDERATION (CCP § 1008) TENTATIVE RULING: Plaintiff Young Chow Dai’s Motion to Reclassify, deemed a motion for reconsideration, is DENIED.

  • Hearing

    Jul 02, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

BOURDASE V. COUNTY OF FRESNO

To set a motion to reclassify this case as a small claims matter on July 30, 2020 at 9:00 am in Department 403 on the Court’s own motion. (Civ. Code. §§ 116.220(a)(1), 116.221; Code Civ. Proc. § 403.040(a).) Any additional briefing shall be filed by July 20, 2020. Explanation: Demurrer The Fair Employment and Housing Act requires plaintiff to exhaust his administrative remedies by filing a complaint with the DFEH within one year of the alleged unlawful practice. (Gov. Code § 12960; Okoli v.

  • Hearing

    Jul 02, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

PRINCESS NAVA CELO VS GERARDO MARCELO MARTINEZ

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: Plaintiff Princess Neva Celo’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’ NOTICE OF THIS ORDER.

  • Hearing

    Jul 01, 2020

WILSON RICKS VS SUPERSTORAGE

However, in light of the court's ruling on the demurrer, the motion to strike and motion to reclassify are moot. The court grants leave to amend to include facts he considers pertinent. Additionally, the complaint is unclear. Plaintiff alleges he had monthly payments between $600-$700 referencing exhibit 1. However, exhibit 1 shows the monthly rent was $84, plus an administrative fee $15.00. (Comp., ¶4.) Plaintiff may file and serve a first amended complaint by July 6, 2020.

  • Hearing

    Jun 26, 2020

  • Type

    Contract

  • Sub Type

    Breach

WILSON RICKS VS SUPERSTORAGE

However, in light of the court's ruling on the demurrer, the motion to strike and motion to reclassify are moot. The court grants leave to amend to include facts he considers pertinent. Additionally, the complaint is unclear. Plaintiff alleges he had monthly payments between $600-$700 referencing exhibit 1. However, exhibit 1 shows the monthly rent was $84, plus an administrative fee $15.00. (Comp., ¶4.) Plaintiff may file and serve a first amended complaint by July 6, 2020.

  • Hearing

    Jun 26, 2020

  • Type

    Contract

  • Sub Type

    Breach

NORTHSTAR FREIGHT INTERNATIONAL, INC VS ANSON DISTRIBUTING, LLC.

Defendant Anson Distributing, LLC’s motion to reclassify case to limited civil is DENIED. Defendant Anson Distributing, LLC (“Defendant”) moves to reclassify this case to limited jurisdiction on the grounds that the amount in controversy in the Complaint of Plaintiff NorthStar Freight International, Inc. (“Plaintiff”) is now less than $25,000, and thus subject to reclassification under Code of Civil Procedure section 396 and Walker v. Superior Court (1991) 53 Cal.3d 257 (herein Walker).

  • Hearing

    Jun 25, 2020

  • Type

    Contract

  • Sub Type

    Breach

(NO CASE NAME AVAILABLE)

Music School LLC’s Motion to Reclassify from Unlimited to Limited Civil Jurisdiction TENTATIVE RULING Bravo! Music School LLC’s Motion to Reclassify from Unlimited to Limited Civil Jurisdiction is denied. Reclassification Code Civ.

  • Hearing

    Jun 25, 2020

STEVEN J. REVITZ ET. AL. VS. DR. BENNY NEWMAN ET. AL.

SC119086 Hearing Date 6/24/2020 Defendants’ Motion to Reclassify Action Defendant Newman sued former counsel, Steven J. Revitz and Steven J. Revitz, a Professional Corporation (“Revitz”) for malpractice. Revitz prevailed in the underlying action, recovering attorney’s fees and costs. Revitz now sues for malicious prosecution, and Newman moves to case reclassify as a limited civil action on the grounds that the damages sought cannot possibly exceed $25,000. Ytuarte v.

  • Hearing

    Jun 24, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

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