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MOTION TO RECLASSIFY AS LIMITED CIVIL |
BACKGROUND
A. Allegations and Background
Plaintiff Loya Family Trust commenced this unlawful detainer action on October 5, 2020 against Defendant NOHO Trinity. The property at issue is located at 10626 Burbank Blvd., North Hollywood, CA 91601. Plaintiff alleges that the parties entered into a written lease on November 15, 2018 for a term up to December 1, 2019, with monthly rent of $10,000. On September 3, 2020, Defendant was served with a Three Day Notice to Cure or Quit. Plaintiff seeks possession of the premises, costs, reasonable attorney’s fees, and forfeiture of the agreement. In the caption of the form complaint, Plaintiff indicates that this “ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000).”
On October 29, 2020, the default of NOHO Trinity was entered.
On November 2, 2020, the dismissal of Does 1-25 was entered without prejudice.
On November 2, 2020, Judgment – Unlawful Detainer was entered in favor of Plaintiff and against Defendant NOHO Trinity. The judgment stated Plaintiff was entitle to possession of the premises only and that the judgment applied to all occupants of the premises, including tenants, subtenants if any, and named claimants if any.
On November 4, 2020, a Prejudgment Claim of Right to Possession was filed by Verlton Brooks Glaspie J., indicating that he occupied the premises on the date of the complaint and has been occupying the premises ever since. He claims a right to possession of the premises and states that he was not named in the summons and complaint. He states this understanding that if he makes a claim of possession, he will be added as a defendant to the unlawful detainer action. He indicates that he has an oral or written rental agreement with a person other than the landlord.
On November 9, 2020, a Writ of Possession of Real Property was entered in favor of Plaintiff (original judgment creditor) and against Defendant for possession only.
B. Motion on Calendar
On November 10, 2020, Verlton Brooks Glaspie Jr. filed a motion to reclassify this case as limited civil.
On November 30, 2020, Plaintiff filed an opposition to the motion.
On December 3, 2020, the parties filed a Stipulation re: Dismissal of Action.
DISCUSSION
According to the Stipulation re: Dismissal of Action, Plaintiff and Glaspie agree that Glaspie is no longer in possession of the premises and does not claim a right to possession of the premises, Plaintiff has regained possession of the premises, possession is no longer at issue in the case, and the parties wish to resolve the litigation between them. In the Stipulation, Plaintiff agrees to dismiss Glaspie as a defendant from the action.
Based on the parties’ joint stipulation, the Court takes this motion off-calendar.
CONCLUSION AND ORDER
Glaspie’s motion to reclassify the action from unlimited to limited jurisdiction is taken off-calendar.
In light of the Stipulation, the Court advances Glaspie’s demurrer and motion to strike schedule for January 15, 2021 to this date and vacates the demurrer and motion to strike hearing.
The OSC Re: Dismissal set for February 23, 2021 at 8:30 a.m. shall remain on calendar.
Glaspie shall provide notice of this order.