This case was last updated from Los Angeles County Superior Courts on 02/12/2021 at 04:33:48 (UTC).

LETICIA MARTINEZ VS J. GUADALUPE GONZALEZ, ET AL.

Case Summary

On 09/03/2020 LETICIA MARTINEZ filed a Civil Right - Other Civil Right lawsuit against J GUADALUPE GONZALEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7503

  • Filing Date:

    09/03/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MARTINEZ LETICIA

Defendants

GONZALEZ J. GUADALUPE

GONZALEZ EFREN

EPAZOTE #1 LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

Defendant Attorney

ISLA JORGE FERNANDEZ

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

2/10/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

11/3/2020: Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

Default Judgment - Default Judgment

11/3/2020: Default Judgment - Default Judgment

Proof of Personal Service - Proof of Personal Service

10/19/2020: Proof of Personal Service - Proof of Personal Service

Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

10/19/2020: Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

Request for Dismissal - Request for Dismissal

10/19/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

10/19/2020: Proof of Personal Service - Proof of Personal Service

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

10/19/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Proof of Personal Service - Proof of Personal Service

10/19/2020: Proof of Personal Service - Proof of Personal Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

10/29/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9/3/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

9/3/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

9/3/2020: First Amended Standing Order - First Amended Standing Order

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

9/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 04/15/2021
  • Hearing04/15/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)

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  • 02/10/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 04/15/2021 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 02/10/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 02/10/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/10/2021 at 09:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/15/2021 11:00 AM

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  • 11/03/2020
  • DocketCourt orders judgment entered for Plaintiff Leticia Martinez against Defendant Epazote #1 LLC, Defendant Efren Gonzalez and Defendant J. Guadalupe Gonzalez on the Complaint filed by Leticia Martinez on 09/03/2020 for damages of $4,000.00, attorney fees of $800.00, and costs of $425.00 for a total of $5,225.00.

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  • 11/03/2020
  • DocketDefault Judgment; Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)

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  • 11/03/2020
  • DocketUpdated -- Default Judgment: Status changed from Filed to Signed and Filed

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  • 11/03/2020
  • DocketUpdated -- Default Judgment: Result Date changed from 10/22/2020 to 11/03/2020; As To Parties changed from J. Guadalupe Gonzalez (Defendant), Efren Gonzalez (Defendant), Epazote #1 LLC (Defendant) to J. Guadalupe Gonzalez (Defendant), Efren Gonzalez (Defendant), Epazote #1 LLC (Defendant)

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  • 11/03/2020
  • DocketNotice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility Claim); Filed by: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant)

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  • 11/03/2020
  • DocketThe case is placed in special status of: Stay - Construction Related Accessibility Claim

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18 More Docket Entries
  • 09/03/2020
  • DocketComplaint; Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)

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  • 09/03/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 09/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)

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  • 09/03/2020
  • DocketRequest to Waive Court Fees; Filed by: Leticia Martinez (Plaintiff)

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  • 09/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)

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  • 09/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/03/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Leticia Martinez (Plaintiff)

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  • 09/03/2020
  • DocketNon-Jury Trial scheduled for 03/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/07/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC07503    Hearing Date: February 10, 2021    Dept: 25


Case Number: 21STLC00586    Hearing Date: February 10, 2021    Dept: 25

HEARING DATE: Wed., February 10, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Brophy v. Bixby Hill Gardens HOA et al. COMPL. FILED: 01-21-21

CASE NUMBER: 21STLC00586 DISC. C/O: 06-21-22

NOTICE: OK MOTION C/O: 07-06-22

TRIAL DATE: 07-21-22

PROCEEDINGS: MOTION FOR PRELIMINARY INJUNCTION

MOVING PARTY: Plaintiff James Brophy

RESP. PARTY: Defendant Bixby Gardens Homeowners Association

MOTION FOR PRELIMINARY INJUNCTION

(CCP § 526)

TENTATIVE RULING:

Plaintiff James Brophy’s Motion for Preliminary Injunction is PLACED OFF CALENDAR. Because this Court does not have jurisdiction to issue permanent injunctive relief as prayed for in the Complaint, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on February 5, 2021 [X] Late [ ] None

REPLY: Filed on February 8, 2021 [X] Late [   ] None

ANALYSIS:

  1. Background & Discussion

Plaintiff James Brophy (“Plaintiff”) filed this action for a permanent injunction and monetary damages against Defendant Bixby Hill Gardens Homeowners Association (the “Bixby HOA”) and Bixby Hill Gardens Board of Directors (“Bixby BOD”) (collectively, “Defendants”) on January 21, 2021.

On January 22, 2021, Plaintiff filed an ex parte application for a temporary restraining order. The Court granted the ex parte application on January 26 and enjoined Defendants, their employees, agents, and/or any other persons acting with them or on their behalf from removing or causing to be removed any plants, flowers, trees, or other planted material from the common area located in front of 932 Palo Verde Ave., Long Beach, Ca 90815. (1/26/21 Minute Order.) The parties were also ordered to meet and confer in good faith on a possible resolution of this matter no later than five (5) days before the next hearing. (Id.)

Also on January 26, Plaintiff filed the instant Motion for Preliminary Injunction (the “Motion”). Defendant Bixby HOA filed an opposition on February 5, and Plaintiff filed a Reply on February 8.

As an initial matter, the Court notes that limited jurisdiction courts, such as this one, do not possess the authority to issue permanent injunctive relief. (Code Civ. Proc., § 86, subd. (a)(8) [“An action to issue a temporary restraining order or preliminary injunction” is a limited civil case].) (Emphasis added.) Because this action seeks permanent injunctive relief, the Court does not have jurisdiction over the case. Accordingly, the Court reclassifies this action to unlimited jurisdiction court on its own motion under Code of Civil Procedure section 403.040, subdivision (a). Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff James Brophy’s Motion for Preliminary Injunction is PLACED OFF CALENDAR. Because this Court does not have jurisdiction to issue permanent injunctive relief as prayed for in the Complaint, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

Moving party is ordered to give notice.