[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO TRANSFER ACTION FROM UNLIMITED TO LIMITED JURISDICTION COURT
Plaintiff, Brianna Carbajal filed this action against Defendant, City of Los Angeles for damages arising out of a trip and fall that occurred on public property.
Defendant moves to transfer this action from unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendant argues Plaintiff’s medical bills are approximately $2500 and lost earnings are also approximately $2500. Defendant contends general damages are “not at issue.”
Plaintiff opposes the motion, arguing that (a) she has a pain and suffering claim, and (b) her loss of income claim is for $8000, not $2500; she contends the foregoing could render the value of this case in excess of $25,000.
The Walker court delineated the standard for ordering a case transferred pursuant to CCP §396, holding that a matter may be transferred when: (1)
Hearing Date
August 29, 2017
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO TRANSFER ACTION FROM UNLIMITED TO LIMITED JURISDICTION COURT
Plaintiff, Brianna Carbajal filed this action against Defendant, City of Los Angeles for damages arising out of a trip and fall that occurred on public property.
Defendant moves to transfer this action from unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendant argues Plaintiff’s medical bills are approximately $2500 and lost earnings are also approximately $2500. Defendant contends general damages are “not at issue.”
Plaintiff opposes the motion, arguing that (a) she has a pain and suffering claim, and (b) her loss of income claim is for $8000, not $2500; she contends the foregoing could render the value of this case in excess of $25,000.
The Walker court delineated the standard for ordering a case transferred pursuant to CCP §396, holding that a matter may be transferred when: (1)