Motion to Quash; OSC re Dismissal
6.CU0001445 James B. House vs. Gregory Atchley, et al.
No appearances required. On the Court’s own motion, the Motion to Quash filed by subpoenaed party Corey Birnberg on May 26, 2026 is continued to July 27, 2026 such that is may be heard contemporaneously with the Motion to Compel compliance with the very same subpoena.
On the Court’s own motion and in light of the Declaration of counsel filed on June 30, 2026 evidencing continued diligence in relation to service on all named Defendants, the Court continues the OSC to September 18, 2026 at 1:30 p.m.
9. CU0002702 BlueStar Construction, LLC vs. Bruce Lecuyer, et al.
Defendant/Cross-Complainants’ unopposed Motion to Reclassify this matter as a limited civil action is GRANTED. The Court grants the requests for judicial notice of the Complaint filed on March 10, 2026 and the Answer filed on May 1, 2026 noting the existence and allegations though not the truth of the matters asserted. The Court denies the request to take judicial notice of the Cross-Complaint filed on May 1, 2026 as an amended Cross-Complaint has since been filed making the pleading filed on May 1, 2026 moot.
The Court notes, in reclassifying this matter as a limited civil action, the case number will not change, but the jurisdictional limits imposed will be those set forth in CCP sections 85 and 86 for a limited civil action. In reclassifying the case, the Court finds this case has been improperly classified based on the amounts alleged owing in the Complaint, and, to the extent Cross-Complainants (who seek an unspecified amount of damages, costs and fees) have willingly subjected their cross-claims to the jurisdictional limits for a limited civil action.
Moreover, the Court finds good cause exists for allowing the motion to proceed despite the fact it was filed after Defendants’ time to respond to the Complaint in this matter. See, CCP section 403.040(b). In reclassifying from an unlimited civil filing to a limited civil filing, not reclassification fee is due.
10. CU0002800 In Re Oziel Lopez
The Court grants the name change request finding notice has been given as required by law and good cause exists to do so. No objections have been received. No appearance is required by Petitioner.
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