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.
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09/03/2020
Disposed - Judgment Entered
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
MARTINEZ LETICIA
GONZALEZ J. GUADALUPE
GONZALEZ EFREN
EPAZOTE #1 LLC
MEHRBAN MORSE
ISLA JORGE FERNANDEZ
2/10/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
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
11/3/2020: Default Judgment - Default Judgment
10/19/2020: Proof of Personal Service - Proof of Personal Service
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
10/19/2020: Request for Dismissal - Request for Dismissal
10/19/2020: Proof of Personal Service - Proof of Personal Service
10/19/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
10/19/2020: Proof of Personal Service - Proof of Personal Service
10/19/2020: Request for Entry of Default / Judgment - Request for Entry of 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
9/3/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
9/3/2020: Summons - Summons on Complaint
9/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
9/3/2020: First Amended Standing Order - First Amended Standing Order
9/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
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)
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
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
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
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.
DocketDefault Judgment; Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)
DocketUpdated -- Default Judgment: Status changed from Filed to Signed and Filed
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)
DocketNotice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility Claim); Filed by: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant)
DocketThe case is placed in special status of: Stay - Construction Related Accessibility Claim
DocketComplaint; Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
DocketSummons on Complaint; Issued and Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)
DocketRequest to Waive Court Fees; Filed by: Leticia Martinez (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Leticia Martinez (Plaintiff); As to: J. Guadalupe Gonzalez (Defendant); Efren Gonzalez (Defendant); Epazote #1 LLC (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Leticia Martinez (Plaintiff)
DocketNon-Jury Trial scheduled for 03/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25
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
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:
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.
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.