Diego Watercrafts, Inc. v. Wells Fargo Bank In Ytuarte v. Superior Court

Diego Watercrafts, Inc. v. Wells Fargo Bank In Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, petitioner Ytuarte filed an unlimited civil complaint seeking recovery for personal injuries, medical expenses, loss of earnings and real property damages, resulting from a three-vehicle collision. (Ytuarte, supra, 129 Cal.App.4th at p. 271.) The trial court issued an order to show cause as to why the action should not be reclassified as a limited civil action and, after a hearing, reclassified the case and then denied Ytuarte's motion for reconsideration. (Id. at p. 271.) Thereafter, Ytuarte filed a motion to have her case reclassified as an unlimited civil action, claiming that in addition to her earlier claimed damages, she continued to suffer from residual injuries and to incur medical expenses, attaching a declaration from her orthopedic doctor about future medical costs. (Id. at pp. 271-272.) The trial court denied the motion, stating in the hearing on Ytuarte's motion that she was required to prove to " 'a high level of certainty the damages will exceed $25,000.' " (Id. at p. 272.) Ytuarte filed a petition for writ of mandate, and the appellate court issued a peremptory writ of mandate ordering the trial court to vacate its order denying Ytuarte's motion to reclassify the case. (Id. at pp. 272, 280.)