MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff Tauler Smith, LLP’s Motion to Reclassify Action as Unlimited is CONTINUED TO NOVEMBER 2, 2020 AT 9 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 16, 2019, Plaintiff Tauler Smith, LLP (“Plaintiff”) filed this action against Defendants Joseph Valerio and CTRLR, LLC (“Defendants”) for Computer Fraud And Abuse Act, 18 U.S.C. § 1030; (2) Fraud; and (3) Intentional Interference With Business Relations.

On January 16, 2020, Defendants filed a Notice of Removal to Federal Court. The case was remanded on March 11, 2020.

On March 27, 2020, Plaintiff filed a Notice of Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. On August 14, 2020, Defendants filed an opposition to the Motion to Reclassify.

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 initia