Xuan

FACTS

Xuan filed an unlawful detainer against Bader on June 23, 2022. Xuan designated the case as a limited action seeking an eviction and damages. Bader demurred, claiming the lease was unenforceable because Xuan did not plead facts necessary to prove the required real estate licensure. The court overruled the demurrer. The case was thereafter set for a jury trial in March 2023. Bader’s cotenant filed a prejudgment claim of right to possession. The court struck the claim. Prior to trial, Bader submitted proposed jury instructions, including special instructions. The court denied Bader’s requested instructions. Following both sides’ presentation of evidence, the jury returned a verdict in Xuan’s favor and awarded damages which exceeded the amount permitted in limited cases. Xuan submitted a proposed judgment to the court. The court reclassified the case from limited to unlimited civil and entered judgment for Xuan on April 27, 2023.

DISCUSSION

I.

THE TRIAL COURT’S RECLASSIFICATION

Bader contends the court erred in reclassifying the case from limited to unlimited absent any request to do so from Xuan. A court can reclassify a case from limited to unlimited on its own motion.…