This tentative ruling is issued by the Honorable Todd D. Irby. If oral argument is requested, it shall be heard at 11:00 a.m. in Department 32: Plaintiff’s motion to vacate trial date, file a first amended complaint, and reclassify action is granted in part. Plaintiff has made a sufficient showing to support its request for leave to file a first amended complaint. The posture of the case has changed in this unlawful detainer action. Possession is no longer at issue, which renders the case a normal civil matter where the summary proceedings of an unlawful detainer action are inapplicable. (Civil Code section 1952.3(a).) The plaintiff is then required to seek to amend the complaint. (Civil Code section 1952.3(a)(1).)
Plaintiff has also made a sufficient showing in support of reclassification of the action. (Code of Civil Procedure section 403.040.) The case is incorrectly classified in light of the changes in the action from a summary proceeding, the additional holdover damages that have
Hearing Date
March 21, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
This tentative ruling is issued by the Honorable Todd D. Irby. If oral argument is requested, it shall be heard at 11:00 a.m. in Department 32: Plaintiff’s motion to vacate trial date, file a first amended complaint, and reclassify action is granted in part. Plaintiff has made a sufficient showing to support its request for leave to file a first amended complaint. The posture of the case has changed in this unlawful detainer action. Possession is no longer at issue, which renders the case a normal civil matter where the summary proceedings of an unlawful detainer action are inapplicable. (Civil Code section 1952.3(a).) The plaintiff is then required to seek to amend the complaint. (Civil Code section 1952.3(a)(1).)
Plaintiff has also made a sufficient showing in support of reclassification of the action. (Code of Civil Procedure section 403.040.) The case is incorrectly classified in light of the changes in the action from a summary proceeding, the additional holdover damages that have