Christopher Banys v. Gina Miles, 17LC-0756

Hearing: Motion to Reclassify

Date: March 29, 2018

Plaintiff Christopher Banys (“Banys”) filed his complaint for negligence and breach of contract on September 29, 2017 (“Complaint”), against Defendants Gina Miles (“Miles”) and Gold Medal Equestrian.1 Banys alleges that Defendants damaged rental property located on Davenport Creek Road, in San Luis Obispo. After a demurrer was sustained with leave to amend, on January 22, 2018, Banys filed his First Amended Complaint (“FAC”).

Banys moves here to reclassify this action from limited civil to unlimited civil (“Motion”). Banys filed a proof of service showing his Motion was timely served by mail on Defendant Gina Miles on February 28, 2017. No opposition has been received.

Banys moves to reclassify this action on the grounds that he recently learned that the damage caused by Defendant is in excess of $25,000. Banys submits a declaration and exhibits in support of his motion.

If a party files a motion for reclassification after the time for that party to amend that party’s initial pleading or to respond to a complaint, the court shall grant the motion and enter an order for reclassification only if both of the following conditions are satisfied: (1) the case is incorrectly classified; and (2) the moving party shows good cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040(b).) “The court should reject the plaintiff’s effort to reclassify the action as unlimited only when the lack of jurisdiction as an “unlimited” case is certain and clear.” (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 279.)

Banys declares that when he filed the complaint and the FAC, he did not know the cost required to fix the damage would exceed $25,000, but he recently obtained an estimate to partially repair the damage, which shows a repair cost that exceeds $100,000. (See, Banys Decl., ¶¶ 3-5, Exh. A.) He argues that good cause for not seeking reclassification earlier exists as he filed the instant motion immediately upon receipt of the repair estimates. The estimate submitted by Banys shows that it was issued on February 20, 2018, only eight days before the filing of this motion. Defendant has not filed any opposition.

The Court finds that the case is incorrectly classified and Banys demonstrates good cause for not seeking reclassification earlier. The Court orders this matter reclassified as an unlimited civil case. Banys shall pay the reclassification fee provided in Code of Civil Procedure section 403.060. (Code Civ. Proc., § 403.040(c)(1).)
1 Gold Medal Equestrian has not yet appeared in this matter.