What is a Motion to Reclassify?

Useful Rulings on Motion to Reclassify

Recent Rulings on Motion to Reclassify

(NO CASE NAME AVAILABLE)

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: No tentative ruling to issue. Ruling to depend on status of Defendant’s bankruptcy proceeding and stay. ANALYSIS: On April 21, 2017, Plaintiff Marina Pacifica Homeowners Association (“Plaintiff”) filed this action against Defendant Pamela Fisher (“Defendant”) for failure to pay Association fees. On September 28, 2018, Plaintiff filed a Notice of Stay due to Defendant’s bankruptcy filing.

  • Hearing

    Oct 21, 2020

  • County

    Los Angeles County, CA

LARON YOUNG VS SUNKIST GROWERS INC.

On March 16, 2020, Defendant filed a motion to reclassify the action to civil limited jurisdiction, which was granted on July 15, 2020. (7/15/20 Minute Order.) Also on March 16, 2020, Defendant filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”). Plaintiff filed an Opposition on May 11, 2020 and Defendant filed a Reply on July 8, 2020.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

HORACE WILLIAMS JR. ET AL. VS OCWEN LOAN SERVICING ET AL.

The court on its own motion vacated a hearing on motion to reclassify (Walker Motion). The minute order reflects that the remaining calendared matters were not held and continued for the appearance of a court reporter, and the court ordered the Court Reporter’s Assignment Office to provide a certified court reporter on this date or show cause why this third request by the court was ignored.

  • Hearing

    Oct 16, 2020

MARVELL LENOX TELL JR VS RAY BROWN BOWEN JR ET AL

Bowen, Jr.’s motion to reclassify is DENIED. On July 19, 2018, Plaintiff Marvell Lenox Tell, Jr. (“Plaintiff”) commenced this action against Defendants Ray B. Bowen, Jr. (“Bowen”); Construction Loan Company, Inc. (“CLC”); and Richard C. Jones (“Jones”). The initial complaint alleged the five causes of action: (1) anticipatory breach of contract; (2) wrongful foreclosure count 1; (3) wrongful foreclosure count 2; (4) fraud; and (5) declaratory relief and injunction.

  • Hearing

    Oct 05, 2020

JANE GIBSON VS CHENG MENG LAM

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: Plaintiff Jane Gibson’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 REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT AND PAYMENT OF RECLASSIFICATION FEES.

  • Hearing

    Sep 23, 2020

  • County

    Los Angeles County, CA

YECENIA ARREDONDO, ET AL. VS ELIZABETH JANE BANKI

.: 18STCV09188 Hearing Date: September 23, 2020 [TENTATIVE] order RE: motion to reclassify as a limited civil case Plaintiffs Yecenia Arredondo and Liz Tovar (“Plaintiffs”) filed this action against Defendant Elizabeth Banki (“Defendant”) following a motor vehicle collision. Defendant filed a motion to reclassify this case as a limited jurisdiction case. The parties filed a stipulation, and Defendant took the motion off-calendar.

  • Hearing

    Sep 23, 2020

TAULER SMITH LLP VS JOSEPH VALERIO, ET AL.

On March 27, 2020, Plaintiff filed a Notice of Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. On June 3, 2020, Plaintiff filed the instant Motion to Compel Further Responses to Requests for Admission, Requests for Production of Documents, Form Interrogatories and Special Interrogatories; Request for Sanctions. On August 31, 2020, the Court denied the Motion to Reclassify. Defendants filed an opposition to the Motion to Compel Further on September 8, 2020.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

4425 MAPLEWOOD LLC, VS JESSE PIMENTEL, ET AL.

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: Plaintiff 4425 Maplewood, LLC’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 REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT AND PAYMENT OF RECLASSIFICATION FEES.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

HORACE WILLIAMS JR. ET AL. VS OCWEN LOAN SERVICING ET AL.

The Court accordingly continued the matters to be heard on August 28, 2020, this date, and also set a Hearing on Motion to Reclassify (Walker Motion) for hearing. There have been no moving papers filed in support of a Motion to Reclassify.

  • Hearing

    Sep 18, 2020

AVERY SMITH VS EL PUENTE AUTO CARE & MUFFLER CENTER, INC.

In ruling on a motion to reclassify, the Court may not properly “trespass into the province of the trier of fact” and in particular, “pain and suffering are not subject to precise measurement by any scale and their translation into money damages is peculiarly the function of the trier of facts.” (Maldonado v. Superior Court (1996) 45 Accordingly, Defendants’ Motion to reclassify the action is DENIED. Moving party to give notice.

  • Hearing

    Sep 14, 2020

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

Defendant / Cross-Complainant Fabrique Innovations, Inc.’s Motion to Reclassify Action as Unlimited is DENIED.

  • Hearing

    Sep 14, 2020

  • County

    Los Angeles County, CA

DAVID WANG VS FOOT LOCKER REAIL, INC, ET AL.

On August 7, 2019, Plaintiff filed a Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. On August 27, 2019, Defendant Foot Locker Retail removed the action to federal court and the hearing dates were vacated; the case was remanded on October 28, 2019. On November 6, 2019, Plaintiff again filed a Motion to Reclassify, then filed an Amended Motion to Reclassify on March 3, 2020. Defendant Foot Locker Retail filed an opposition on March 30, 2020 and Plaintiff replied on April 6, 2020.

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

POLYN SPIRTOS VS BOGARDUS HOMEOWNERS ASSOCIATION

Accordingly, the court denies Association’s motion to reclassify.

  • Hearing

    Sep 03, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

SHAHROUZ JAHANSHAHI VS RODNEY T LEWIN

On August 15, 2018, the Court granted Cross-Complainant’s motion to reclassify the case from unlimited to limited jurisdiction. (8/15/18 Minute Order.) Cross-Defendant filed the instant Motion to Quash Deposition Subpoena Deuces Tecum and Request for Sanctions (the “Motion to Quash”) on December 2, 2019. On May 20, 2020, Cross-Complainant filed an Opposition and on May 26, 2020, Cross-Defendant filed a Reply.

  • Hearing

    Sep 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS JOEL IVAN VERA

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: Plaintiff Interinsurance Exchange of the Automobile Club’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 REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT.

  • Hearing

    Sep 01, 2020

  • County

    Los Angeles County, CA

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS JOEL IVAN VERA

MOTION TO RECLASSIFY (CCP § 403.040) TENTATIVE RULING: Plaintiff Interinsurance Exchange of the Automobile Club’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 REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT.

  • Hearing

    Sep 01, 2020

TAULER SMITH LLP VS JOSEPH VALERIO, ET AL.

Discussion Whether due to inadvertence, error, or otherwise, no memorandum of points and authorities, nor any supporting declaration was filed with the Notice of Motion to Reclassify. Therefore, the Court cannot make a ruling on the Motion to Reclassify at this time. The hearing on the Motion to Reclassify is CONTINUED TO NOVEMBER 2, 2020 AT 9 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

  • Hearing

    Aug 31, 2020

HORACE WILLIAMS JR. ET AL. VS OCWEN LOAN SERVICING ET AL.

The Court in addition to the above orders, notes that the matter is on calendar for a Motion to Reclassify (Walker Motion), but that no papers have been filed in support of such a motion. The motion is accordingly NOT CONSIDERED BY THE COURT. This ruling is without prejudice to the filing of a noticed motion to reclassify.

  • Hearing

    Aug 28, 2020

YANETT ARLENE ENRIQUEZ VS CHARLES MICHAEL HELDEBRANT

On November 26, 2019, the Court denied Plaintiff’s motion to reclassify the action to a court of unlimited jurisdiction. To the extent Plaintiff reserved a hearing for a second motion to reclassify, the hearing is placed off calendar. No second motion to reclassify has been filed. On February 13, 2020, Plaintiff filed the instant Motion to Quash Subpoena and Request for Sanctions (“the Motion”). Defendant filed an opposition on May 19, 2020.

  • Hearing

    Aug 26, 2020

VICKY MITCHELL VS CITY OF LOS ANGELES

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.

  • Hearing

    Aug 17, 2020

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

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