RASHAD vs STATE OF CALIFORNIA, ACTING BY AND THROUGH THE CALIFORNIA HIGHWAY PATROL

25CV154193: RASHAD vs STATE OF CALIFORNIA, ACTING BY AND THROUGH THE CALIFORNIA HIGHWAY PATROL 05/26/2026 Hearing on Motion to Reclassify (Walker Motion) filed by State of California, acting by and through the California Highway Patrol (Defendant) CRS# 670673021916 in Department 517

Tentative Ruling - 05/21/2026 Keith Fong

The Motion to Reclassify filed by State of California, acting by and through the California Highway Patrol on 02/05/2026 is Granted.

Defendant California Highway Patrol’s unopposed Motion to Reclassify is GRANTED.

BACKGROUND

Plaintiff Eddie Rashad (“Plaintiff”) initiated this action in pro per on November 12, 2025 against Defendant the State of California, acting by way and through the California Highway Patrol (“Defendant” or “CHP”). The Complaint alleges (1) Negligence; (2) Violation of the California Public Records Act (“CPRA”); and (3) Denial of Due Process.

Plaintiff alleges that he made a CPRA request for documents relating to his citation from CHP in July 2023. Plaintiff contends that CHP failed to timely respond to the request.

CHP moves to reclassify this action from an unlimited civil case to a petition for writ of mandate.

Despite proper service and notice pursuant to C.C.P. § 1005, there are no oppositions to either motion on file from Plaintiff.

LEGAL STANDARD

A defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. (C.C.P. § 403.040(a).) Parties must be afforded sufficient opportunity to be heard on why reclassification should or should not be ordered. (Stern v. Superior Court (2003) 105 Cal.App.4th 223, 230.) The trial court’s decision on a reclassification motion is reviewed for abuse of discretion. (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 276.)

DISCUSSION

Defendant moves to reclassify this action from an unlimited civil action to a petition for writ of mandate on the ground that Plaintiff asserts a CPRA enforcement action for Defendant’s alleged failure to comply with the CPRA. (Gov. Code § 7923.100.) A CPRA proceeding is a special proceeding of a civil nature, not an action at law or suit in equity, but established strictly by 25CV154193: RASHAD vs STATE OF CALIFORNIA, ACTING BY AND THROUGH THE CALIFORNIA HIGHWAY PATROL 05/26/2026 Hearing on Motion to Reclassify (Walker Motion) filed by State of California, acting by and through the California Highway Patrol (Defendant) CRS# 670673021916 in Department 517 statute. (City of Los Angeles v.

Superior Court (2017) 9 Cal.App.5th 272, 285.) Defendant contends that the writ department would be better suited to hear this matter, as CPRA actions should be adjudicated expeditiously. (Gov. Code § 7923.005.)

Based upon the foregoing, and for the reasons stated in Defendant’s unopposed motion, the motion to reclassify is GRANTED.

CONCLUSION

Defendant CHP’s motion to reclassify is GRANTED. The clerk is directed to serve a copy of this order to the Presiding Judge to issue an order of reassignment to a writ department.

PRO PER PLAINTIFF

The Court encourages Plaintiff to make use of his earliest opportunity to seek competent assistance in his complaint using one of the many resources available to him. He can seek help from an experienced attorney or legal aid organization. He can seek an attorney referral from the Alameda County Bar Association’s attorney referral service. He can avail himself of the selfhelp resources and attorneys available from the Superior Court at its Self-Help center in the Hayward courthouse. He can avail herself of the many practice guides and secondary sources available for reference at no cost at the Alameda County Law Library.

If Plaintiff has not done so already, he is encouraged to obtain the advice of licensed counsel (including, e.g., through the Alameda County Bar Association’s attorney referral service (https://www.acbanet.org/need-a-lawyer/ or (510) 302-2222)); access online self-help guides and tools at the California Courts Self Help website (https://selfhelp.courts.ca.gov/civil-lawsuit); and/or to seek assistance at the County Law Library (https://lawlibrary.acgov.org).

Legal Access Alameda also holds the Community Legal Assistance Saturday Program on the FIRST Saturday of each month. Callers may leave a message from 10 a.m. - 12:00 p.m. at (510) 485-9933, with return phone consultations occurring later that day. More information is available at legalaccess.org or (510) 302-2222.

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT

Notify the Court and all the other parties no later than 4:00 p.m. (but by Noon if possible) at least one (1) court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps:

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

25CV154193: RASHAD vs STATE OF CALIFORNIA, ACTING BY AND THROUGH THE CALIFORNIA HIGHWAY PATROL 05/26/2026 Hearing on Motion to Reclassify (Walker Motion) filed by State of California, acting by and through the California Highway Patrol (Defendant) CRS# 670673021916 in Department 517 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select "Search" 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select "Click to Contest this Ruling" 7. Enter your Name and Reason for Contesting 8. Select "Proceed"

BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4pm (but by Noon if possible) at least one (1) court day before the scheduled hearing.

BOTH ECOURT AND EMAIL notices are required.

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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

25CV154193: RASHAD vs STATE OF CALIFORNIA, ACTING BY AND THROUGH THE CALIFORNIA HIGHWAY PATROL 05/26/2026 Hearing on Motion to Reclassify (Walker Motion) filed by State of California, acting by and through the California Highway Patrol (Defendant) CRS# 670673021916 in Department 517