Case Number: BC609155 Hearing Date: May 05, 2016 Dept: 98

MARLON PALENCIA,
Plaintiff,
vs.

ELLEN DEGENERES, et al.,

Defendants.

CASE NO: BC609155

[TENTATIVE] ORDER DENYING DEFENDANTS’ MOTION TO RECLASSIFY THIS ACTION TO LIMITED JURISDICTION

Dept. 98
1:30 p.m.
May 5, 2016

Plaintiff Marlon Palencia (“Plaintiff”) filed this premises liability action against Defendants Ellen Degeneres; Harley Neuman as Trustee of The Zero Trust Dated 9/18/2001; and Kevin York as Trustee of The Zero Trust (“Defendants”) on February 5, 2016. Defendants now move to reclassify and transfer this action to limited jurisdiction.

A motion to reclassify an unlimited civil case as a limited civil case may be granted only if the court determines that plaintiff’s claim necessarily involves less than $25,000; i.e., that a greater recovery “could not be obtained” or is “virtually unobtainable.” Walker v. Superior Court (1991) 53 Cal.3d 257, 269–270. The trial court must assume the existence of facts supporting the complaint. It must not evaluate the case based on its own determination of the merits. Id., at 269; see also Chahal v. Superior Court (Greyhound Lines, Inc.) (1999) 73 Cal.App.4th 399, 402.

Defendants contend that Plaintiff’s medical records reveal that Plaintiff suffered minor injuries and incurred medical specials totaling $3,669.00; that Plaintiff was diagnosed with a non-displaced right middle phalanx fracture of the index finger; and Plaintiff has not provided evidence of additional billing or medical treatment to date, and such further treatment should not be required because the incident occurred two years ago. Defendants further contend that any claim for loss of earnings asserted in conjunction with medical specials is unlikely to exceed $25,000.00.

Plaintiff argues that the Motion is premature, as Defendants have not yet served discovery on Plaintiff and therefore Plaintiff has had no obligation to provide documents related to additional medical billing. Plaintiff also contends that he continues to suffer from chronic pain, his medical specials will continue to rise, and if Defendants proceed with discovery they will see that Plaintiff can maintain an unlimited action.

At this early stage of litigation, the Court cannot conclude that Plaintiff’s claims necessarily involve less than $25,000.00. Therefore, the Motion is DENIED.

Dated this 5th day of May, 2016

Hon. Holly J. Fujie
Judge of the Superior Court