This case was last updated from Los Angeles County Superior Courts on 06/08/2021 at 06:24:41 (UTC).

DAVID F. SCHMIDT VS COUNTY OF LOS ANGELES, ET AL.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5821

  • Filing Date:

    07/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

SCHMIDT DAVID F.

Defendants

LOGAN DEAN C.

BARRERA ARLENE

COUNTY OF LOS ANGELES

PRANG JEFFREY

LOS ANGLES COUNTY RECORDER

LOGAN DEAN C. LOS ANGELES COUNTY RECORDER

COUNTY OF LOS ANGELES A PUBLIC ENTITY

PRANG JEFFREY LOS ANGELES COUNTY ASSESSOR

BARRERA ARLENE LOS ANGELES COUNTY AUDITOR-CONTROLLER

Attorney/Law Firm Details

Plaintiff Attorney

SCHMIDT DAVID F

Defendant Attorney

CARNEVALE JASON CHRISTOPHER

 

Court Documents

Amended Complaint - Amended Complaint (2nd)

6/1/2021: Amended Complaint - Amended Complaint (2nd)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 05/26/2021

5/26/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 05/26/2021

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

5/26/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Reply (name extension) - Reply Brief in Support of Demurrer of Defendants

5/19/2021: Reply (name extension) - Reply Brief in Support of Demurrer of Defendants

Opposition (name extension) - Opposition to Defendants' Demurrer

5/13/2021: Opposition (name extension) - Opposition to Defendants' Demurrer

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

4/23/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Amended Complaint - Amended Complaint (1st)

3/25/2021: Amended Complaint - Amended Complaint (1st)

Opposition (name extension) - Opposition Plaintiff's Opposition to Defendants' Demurrer

4/1/2021: Opposition (name extension) - Opposition Plaintiff's Opposition to Defendants' Demurrer

Stipulation and Order (name extension) - Stipulation and Order Joint Request And Stipulation To Continue Demurrer Hearing; [Proposed! Order

3/5/2021: Stipulation and Order (name extension) - Stipulation and Order Joint Request And Stipulation To Continue Demurrer Hearing; [Proposed! Order

Notice (name extension) - Notice of Entry of Order

3/17/2021: Notice (name extension) - Notice of Entry of Order

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

10/13/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Personal Service - Proof of Personal Service

8/31/2020: Proof of Personal Service - Proof of Personal Service

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

7/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

7/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/13/2020: Summons - Summons on Complaint

Complaint - Complaint

7/13/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

7/13/2020: First Amended Standing Order - First Amended Standing Order

6 More Documents Available

 

Docket Entries

  • 07/17/2023
  • 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

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  • 01/10/2022
  • Hearing01/10/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/01/2021
  • DocketAmended Complaint (2nd); Filed by: David F. Schmidt (Plaintiff); As to: David F. Schmidt (Plaintiff)

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  • 05/26/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 05/26/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 05/26/2021; Filed by: Clerk

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  • 05/26/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/26/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/26/2021; Result Type to Held

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  • 05/19/2021
  • DocketReply Brief in Support of Demurrer of Defendants; Filed by: County of Los Angeles (Defendant); Los Angles County Recorder (Defendant)

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  • 05/13/2021
  • DocketOpposition to Defendants' Demurrer; Filed by: David F. Schmidt (Plaintiff)

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  • 04/26/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/26/2021 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 04/23/2021
  • DocketDemurrer - without Motion to Strike; Filed by: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant); Dean C. Logan (Defendant); Los Angles County Recorder (Defendant)

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14 More Docket Entries
  • 08/31/2020
  • 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

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  • 07/14/2020
  • DocketNon-Jury Trial scheduled for 01/10/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 07/14/2020
  • 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

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  • 07/14/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 07/13/2020
  • DocketComplaint; Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant) et al.

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  • 07/13/2020
  • 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.

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  • 07/13/2020
  • 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.

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  • 07/13/2020
  • 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.

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  • 07/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC05821    Hearing Date: May 26, 2021    Dept: 26

Schmidt v. County of Los Angeles, et al

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendants’ Demurrer to the Complaint and First Amendment to the Complaint is OVERRULED WITHOUR PREJUDICE TO ITS RENEWAL. PLAINTIFF IS ORDERED TO FILE A SECOND AMENDED COMPLAINT THAT CONSOLIDATES THE ALLEGATIONS IN THE COMPLAINT AND FIRST AMENDED COMPLAINT AS A FULLY INTEGRATED PLEADING. THE SECOND AMENDED COMPLAINT IS TO BE FILED AND SERVED WITHIN TEN (10) DAYS’ SERVICE OF THIS ORDER. BASED ON THE RELIEF SOUGHT, DECLARATORY RELIEF AND A WRIT OF MANDATE, 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’ SERVICE OF THIS ORDER. SEE CCP SECTION 86(7) & (8).

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.

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