Motion for Reclassification
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 13 Honorable Daniel T. Nishigaya R. Belligan, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2240
DATE: May 29, 2026 TIME: 9:00 & 9:01 A.M. TO CONTEST A TENTATIVE RULING, YOU MUST CALL (408) 808-6856 BEFORE 4:00 P.M. ON THE DAY PRIOR TO THE HEARING. You must also inform all other sides to the issue before 4:00 P.M. the day prior to the hearing that you plan to contest the ruling. The Court will not hear argument, and the tentative ruling will be adopted if these notifications are not made. (Cal. Rule of Court 3.1308(a)(1); Civil Local Rule 8.D.)
LINE # CASE # CASE TITLE RULING LINE 1 24CV442463 Monar LLC, a California limited liability Motion: Compel company vs Kenneth Rodrigues & Partners, Inc. et al Ctrl Click (or scroll down) on Line 1 for tentative ruling. LINE 2 24CV444291 Eric Hartman vs City of San Jose- Motion for Reclassification Finance Department et al Ctrl Click (or scroll down) on Line 2 for tentative ruling. LINE 3 24CV451782 Wells Fargo Bank, N.a. vs Enrique Motion for Attorney’s Fees Larahernandez Plaintiff’s unopposed motion is GRANTED. (Sexton v. Super Ct. (1997) 58 Cal.App.4th 1403, 1410 [“[T]he failure to file an opposition creates an inference that the motion ... is meritorious.”].) The Court awards Plaintiff $800.00 of attorney fees against Defendant Enrique Larahernandez.
Plaintiff shall prepare and submit the final order, accompanied by the necessary Form EFS-020, within 10 days of the date of the hearing.
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Case Name: Eric Hartman vs City of San Jose- Finance Department et al Case No.: 24CV444291
Plaintiff moves to reclassify this action from an unlimited civil case to a limited civil case. Defendant opposes and argues that the matter should instead be reclassified as a small claims action.
Under Code of Civil Procedure section 403.040, the Court may reclassify an action upon motion where the amount in controversy falls within the jurisdictional limits of a different classification. A limited civil case is appropriate where the amount in controversy does not exceed $35,000. There is no dispute, and the Court finds, that the matter will necessarily result in a verdict below the jurisdictional amount required by statute for classification as an unlimited civil case. (
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Small claims jurisdiction is governed by Code of Civil Procedure section 116.220 and is subject to separate procedural requirements and party limitations. If a plaintiff files an action as a limited civil case, it cannot be transferred to the small claims division without the plaintiff's consent. (Rosenberg v. Superior Court (1998) 67 Cal.App.4th 860, 867.) Defendant cites no authority permitting reclassification of a pending unlimited civil action into small claims on motion.
Accordingly, the motion to reclassify is GRANTED and Defendant’s request to reclassify the action as a small claims matter is DENIED. The action is reclassified as a limited civil case.
The Court will prepare the final order.
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