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
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Case Number:
*******5821
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Filing Date:
07/13/2020
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Case Status:
Pending - Other Pending
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Courthouse:
Spring Street Courthouse
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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
6/1/2021: Amended Complaint - Amended Complaint (2nd)
5/26/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 05/26/2021
5/26/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)
5/19/2021: Reply (name extension) - Reply Brief in Support of Demurrer of Defendants
5/13/2021: Opposition (name extension) - Opposition to Defendants' Demurrer
4/23/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
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
Docket Entries
- 07/17/2023
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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
- 01/10/2022
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Hearing01/10/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 06/01/2021
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DocketAmended Complaint (2nd); Filed by: David F. Schmidt (Plaintiff); As to: David F. Schmidt (Plaintiff)
- 05/26/2021
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DocketMinute Order (Hearing on Demurrer - without Motion to Strike)
- 05/26/2021
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DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 05/26/2021; Filed by: Clerk
- 05/26/2021
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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
- 05/19/2021
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DocketReply Brief in Support of Demurrer of Defendants; Filed by: County of Los Angeles (Defendant); Los Angles County Recorder (Defendant)
- 05/13/2021
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DocketOpposition to Defendants' Demurrer; Filed by: David F. Schmidt (Plaintiff)
- 04/26/2021
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DocketHearing on Demurrer - without Motion to Strike scheduled for 05/26/2021 at 10:30 AM in Spring Street Courthouse at Department 26
- 04/23/2021
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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)
- 08/31/2020
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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
- 07/14/2020
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DocketNon-Jury Trial scheduled for 01/10/2022 at 08:30 AM in Spring Street Courthouse at Department 26
- 07/14/2020
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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
- 07/14/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
- 07/13/2020
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DocketComplaint; Filed by: David F. Schmidt (Plaintiff); As to: County of Los Angeles (Defendant); Jeffrey Prang (Defendant); Arlene Barrera (Defendant) et al.
- 07/13/2020
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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.
- 07/13/2020
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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.
- 07/13/2020
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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.
- 07/13/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 07/13/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
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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