On 07/13/2020 DAVID F SCHMIDT filed an Other lawsuit against COUNTY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
*******5821
07/13/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
SCHMIDT DAVID F.
LOGAN DEAN C.
BARRERA ARLENE
COUNTY OF LOS ANGELES
PRANG JEFFREY
LOS ANGLES COUNTY RECORDER
SCHMIDT DAVID F
CARNEVALE JASON CHRISTOPHER
3/25/2021: Amended Complaint - Amended Complaint (1st)
4/1/2021: Opposition (name extension) - Opposition Plaintiff's Opposition to Defendants' Demurrer
3/5/2021: Stipulation and Order (name extension) - Stipulation and Order Joint Request And Stipulation To Continue Demurrer Hearing; [Proposed! Order
3/17/2021: Notice (name extension) - Notice of Entry of Order
10/13/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
8/31/2020: Proof of Personal Service - Proof of Personal Service
7/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
7/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
7/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
7/13/2020: Summons - Summons on Complaint
7/13/2020: Complaint - Complaint
7/13/2020: First Amended Standing Order - First Amended Standing Order
Hearing07/17/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing01/10/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketOpposition Plaintiff's Opposition to Defendants' Demurrer; Filed by: David F. Schmidt (Plaintiff)
DocketPursuant to the request of moving party, Hearing on Demurrer - without Motion to Strike scheduled for 04/06/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 03/30/2021
DocketUpdated -- Amended Complaint (1st): Name Extension changed from (1st) to (1st); As To Parties changed from David F. Schmidt (Plaintiff) to Arlene Barrera (Defendant), County of Los Angeles (Defendant), Jeffrey Prang (Defendant), Dean C. Logan (Defendant)
DocketUpdated -- Amended Complaint (1st): As To Parties changed from David F. Schmidt (Plaintiff) to Arlene Barrera (Defendant), Jeffrey Prang (Defendant), Dean C. Logan (Defendant), County of Los Angeles (Defendant)
DocketUpdated -- Amended Complaint (1st): As To Parties changed from David F. Schmidt (Plaintiff) to Arlene Barrera (Defendant), County of Los Angeles (Defendant), Dean C. Logan (Defendant), Los Angles County Recorder (Defendant), Jeffrey Prang (Defendant)
DocketUpdated -- Los Angeles County Recorder (Defendant): Organization Name changed from County of Los Angeles to Los Angeles County Recorder
DocketAmended Complaint (1st); Filed by: David F. Schmidt (Plaintiff); As to: David F. Schmidt (Plaintiff)
DocketUpdated -- Notice of Entry of Order: As To Parties changed from David F. Schmidt (Plaintiff) to David F. Schmidt (Plaintiff)
DocketProof of Personal Service; Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Service Date: 08/28/2020; Service Cost: 0.00; Service Cost Waived: No
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/17/2023 at 08:30 AM in Spring Street Courthouse at Department 26
DocketNon-Jury Trial scheduled for 01/10/2022 at 08:30 AM in Spring Street Courthouse at Department 26
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant) et al.
DocketCivil Case Cover Sheet; Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant) et al.
DocketCivil Case Cover Sheet; Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant) et al.
DocketComplaint; Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant) et al.
Case Number: 20STLC05821 Hearing Date: April 6, 2021 Dept: 26
Schmidt v. County of
Los Angeles, et al. DEMURRER (CCP §
430.10, et seq.) TENTATIVE RULING: Defendants’ Demurrer to the Complaint is PLACED OFF
CALENDAR. Based on the relief sought in the Complaint and First Amended
Complaint, this case is reclassified as an unlimited civil case and transferred
to the Reclassification/Transfer Desk for collection of fees and reassignment
of the case to an Independent Calendar Court. Plaintiff is ordered to pay the
reclassification fee within ten (10) days.
DEMURRER
(CCP § 430.10, et seq.)
TENTATIVE RULING:
Defendants’ Demurrer to the Complaint is PLACED OFF CALENDAR. Based on the relief sought in the Complaint and First Amended Complaint, this case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiff is ordered to pay the reclassification fee within ten (10) days.
ANALYSIS:
On July 13, 2020, Plaintiff David M. Schmidt (“Plaintiff”) filed the instant action for declaratory and injunctive relief against Defendant County of Los Angeles and others (“Defendants”). On October 13, 2020, Defendants filed a demurrer to the Complaint. On March 25, 2021, Plaintiff filed a First Amended Complaint.
As a limited jurisdiction court, this Court lacks jurisdiction to issue permanent injunctive or declaratory relief. (See Code Civ. Proc., §§ 85, 86.) Based on the relief sought in the Complaint and First Amended Complaint, this case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiff is ordered to pay the reclassification fee within ten (10) days.
Court clerk to give notice.