MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 09/16/2025 Hearing on Motion - Other to Reclassify from Limited to Unlimited in Department 54

Tentative Ruling

Plaintiff in pro per Roddie McElhaney’s (“Plaintiff”) motion to reclassify this action from limited to unlimited is UNOPPOSED and GRANTED.

Plaintiff filed his Complaint on October 3, 2023, alleging causes of action for: (1) no standing to foreclose; (2) statute of limitations; (3) violation of Civil Code section 2924 et seq.; and (4) quiet title. After moving for and being granted leave to amend, Plaintiff filed the First Amended Complaint on May 21, 2025, alleging the same four causes of action, and also adding causes of action for wrongful foreclosure, violation of Business & Profession Code, reclassify from limited to unlimited, unjust enrichment, violation of section 2923, and set aside trustee’s deed upon sale.

Plaintiff moves to reclassify pursuant to Code of Civil Procedure section 403.040, which states in relevant part:

“(b) 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, cross-complaint, or other initial pleading, 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.

(2) The moving party shows good cause for not seeking reclassification earlier.

(c) If the court grants a motion for reclassification, the payment of the reclassification fee shall be determined, unless the court orders otherwise, as follows:

(1) If a case is reclassified as an unlimited civil case, the party whose pleading causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fails to satisfy the requirements of a limited civil case under Section 85 shall pay the reclassification fee provided in Section 403.060.

(2) If a case is reclassified as a limited civil case, no reclassification fee is required.”

(Code Civ. Proc. § 403.040.)

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 09/16/2025 Hearing on Motion - Other to Reclassify from Limited to Unlimited in Department 54

Plaintiff contends that this action is incorrectly classified as limited because since the filing of the original Complaint, his home was foreclosed upon and, therefore, the damages now exceed $35,000 as the home has an estimated value of $463,000. (See Declaration of Roddie McElhaney.)

The Court finds Plaintiff has shown both good cause and that the matter is incorrectly classified. (Code Civ. Proc. § 403.040.)

The Clerk of the Court is directed to reclassify the action as an unlimited civil action once Plaintiff has paid the reclassification fee. (Code Civ. Proc. §§ 403.040(c), (d); 403.060(a).)

The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312 or further notice is required.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 09/16/2025 Hearing on Motion - Other to Reclassify from Limited to Unlimited in Department 54

Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.