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This case was last updated from Los Angeles County Superior Courts on 04/14/2021 at 13:07:43 (UTC).

ORLANDO GARCIA VS BONG S. CHANG, ET AL.

Case Summary

On 12/03/2020 ORLANDO GARCIA filed a Civil Right - Other Civil Right lawsuit against BONG S CHANG. 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:

    *******0109

  • Filing Date:

    12/03/2020

  • Case Status:

    Pending - Other Pending

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

GARCIA ORLANDO

Defendants

CHANG MOON S.

CHANG BONG S.

SUAZO ALLAN D.

Attorney/Law Firm Details

Plaintiff Attorney

HANDY RUSSELL CLIVE

Defendant Attorney

BASEL JESSE BENJAMIN

 

Court Documents

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

3/30/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

3/23/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Reply (name extension) - Reply In Support Of Defendant's Demurrer to Plaintiff's Complaint

3/23/2021: Reply (name extension) - Reply In Support Of Defendant's Demurrer to Plaintiff's Complaint

Opposition (name extension) - Opposition to the Defendants Demurrer

3/17/2021: Opposition (name extension) - Opposition to the Defendants Demurrer

Order (name extension) - Order [Proposed] Order on Joint Stipulation to Extend Time to Respond to the Complaint

2/26/2021: Order (name extension) - Order [Proposed] Order on Joint Stipulation to Extend Time to Respond to the Complaint

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/16/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

2/16/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/10/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/10/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration Declaration of Allan D. Suazo in Support of Demurrer to Plaintiff's Complaint

2/10/2021: Declaration (name extension) - Declaration Declaration of Allan D. Suazo in Support of Demurrer to Plaintiff's Complaint

Declaration (name extension) - Declaration Declaration of Jesse B. Basel in Support of Demurrer to Plaintiff's Complaint

2/10/2021: Declaration (name extension) - Declaration Declaration of Jesse B. Basel in Support of Demurrer to Plaintiff's Complaint

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/6/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/6/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/29/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Civil Case Cover Sheet - Civil Case Cover Sheet

12/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

12/3/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

12/3/2020: First Amended Standing Order - First Amended Standing Order

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

12/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 06/02/2022
  • Hearing06/02/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/02/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/07/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 01/08/2021

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  • 03/30/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 03/30/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 03/30/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/30/2021; Result Type to Held

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  • 03/23/2021
  • DocketReply In Support Of Defendant's Demurrer to Plaintiff's Complaint; Filed by: Bong S. Chang (Defendant); Moon S. Chang (Defendant); Allan D. Suazo (Defendant)

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  • 03/23/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Bong S. Chang (Defendant); Moon S. Chang (Defendant); Allan D. Suazo (Defendant); As to: Bong S. Chang (Defendant); Moon S. Chang (Defendant); Allan D. Suazo (Defendant)

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  • 03/17/2021
  • DocketOpposition to the Defendants Demurrer; Filed by: Orlando Garcia (Plaintiff)

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  • 02/26/2021
  • DocketUpdated -- Order [Proposed] Order on Joint Stipulation to Extend Time to Respond to the Complaint: Filed By: Allan D. Suazo (Defendant),Bong S. Chang (Defendant),Moon S. Chang (Defendant); Result: Granted; Result Date: 02/26/2021

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  • 02/26/2021
  • DocketUpdated -- Order on Joint Stipulation to Extend Time to Respond to the Complaint: Filed By: Moon S. Chang (Defendant),Bong S. Chang (Defendant),Allan D. Suazo (Defendant); Result: blank; Result Date: blank; As To Parties changed from Orlando Garcia (Plaintiff) to Orlando Garcia (Plaintiff)

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  • 02/26/2021
  • DocketUpdated -- Order on Joint Stipulation to Extend Time to Respond to the Complaint: Status Date changed from 01/29/2021 to 02/26/2021; Name Extension changed from [Proposed] Order on Joint Stipulation to Extend Time to Respond to the Complaint to on Joint Stipulation to Extend Time to Respond to the Complaint; Result Date changed from 02/26/2021 to 02/26/2021; As To Parties changed from Orlando Garcia (Plaintiff) to Orlando Garcia (Plaintiff)

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11 More Docket Entries
  • 01/06/2021
  • DocketProof of Service by Substituted Service; Filed by: Orlando Garcia (Plaintiff); As to: Bong S. Chang (Defendant); Proof of Mailing Date: 12/17/2020; Service Cost: 35.00; Service Cost Waived: No

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  • 01/06/2021
  • DocketProof of Service by Substituted Service; Filed by: Orlando Garcia (Plaintiff); As to: Moon S. Chang (Defendant); Proof of Mailing Date: 12/17/2020; Service Cost: 35.00; Service Cost Waived: No

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  • 12/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/07/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/03/2020
  • DocketNon-Jury Trial scheduled for 06/02/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Orlando Garcia (Plaintiff); As to: Bong S. Chang (Defendant); Moon S. Chang (Defendant); Allan D. Suazo (Defendant)

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  • 12/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Orlando Garcia (Plaintiff); As to: Bong S. Chang (Defendant); Moon S. Chang (Defendant); Allan D. Suazo (Defendant)

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  • 12/03/2020
  • DocketComplaint; Filed by: Orlando Garcia (Plaintiff); As to: Bong S. Chang (Defendant); Moon S. Chang (Defendant); Allan D. Suazo (Defendant)

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  • 12/03/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC10109    Hearing Date: March 30, 2021    Dept: 26

Garcia v. Chang, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Allan D. Suazo, Bong S. Chang and Moon S. Chang’s Demurrer to the Complaint is OVERRULED.

DEFENDANTS ARE TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

PLAINTIFF’S COUNSEL OF RECORD IS ORDERED TO APPEAR AT THE HEARING ON THE DEMURRER AND EXPLAIN WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO A COURT OF UNLIMITED JURISDICTION BASED ON THE REQUEST FOR INJUNCTIVE RELIEF.

ANALYSIS:

On December 3, 2020, Plaintiff Orlando Garcia (“Plaintiff”) filed the Complaint in this action against Defendants Allan D. Suazo, Bong S. Chang and Moon S. Chang (“Defendants”). The Changs are sued in their individual capacity and as trustees of The Bong S. Chang Lifetime Trust dated December 18, 2012. The Complaint alleges (1) violation of the Americans with Disabilities Action; and (2) violation of the Unruh Civil Rights Act.

Defendants filed the instant Demurrer to the Complaint on February 10, 2021. Plaintiff filed an opposition on March 17, 2021 and Defendants replied on March 23, 2021.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Basel Decl., ¶6.) Defendants demur to the Complaint as moot and for failure to allege sufficient facts to state a cause of action (Code Civ. Proc., § 430.10, subd. (e).)

Allegations in the Complaint

Plaintiff alleges that he is a quadriplegic, suffers from cerebral palsy and uses a wheelchair for mobility. (Compl. ¶1.) Plaintiff alleged he visited Defendants’ store, Figaro Barbers, at 3952 Beverly Blvd, Los Angeles, California, (“the Store”) in August 2020. (Id. at ¶¶2-8, 10-12.) Plaintiff alleged that at the time of his visit, the Store lacked handicapped accessible parking spaces in conformity with ADA standards. (Id. at ¶¶13-15.) Specifically, the handicap parking spaces were completely obstructed by canopies. (Id. at ¶15.) The handicap spaces are currently still obstructed. (Id. at ¶17.) Plaintiff alleges he personally encountered these barriers, which caused him discomfort and difficulty. (Id. at ¶¶18-19.)

Plaintiff seeks injunctive relief and monetary damages. (Id. at Prayer.)

Demurrer

The Demurrer improperly relies on matters outside of the Complaint and of which the Court cannot take judicial notice. Defendants seek to introduce extrinsic evidence regarding the nature of the barriers and whether they constituted a violation of the ADA and the Unruh Act. (See Demurrer, pp. 1:27-2:4; Basel and Suazo Decls.) As explained above, these arguments are improper on demurrer. Nor are Plaintiff’s allegations simply legal conclusions; the Complaint alleges factual details regarding Plaintiff’s visit to Defendants’ store and the barriers allegedly encountered. Therefore, the Demurrer to the Complaint is overruled.

Inclusion of Injunctive Relief in Complaint

The Court notes that Plaintiff requests injunctive relief to compel Defendants to comply with the Americans with Disabilities Act and the Unruh Civil Rights Act. (Id. at Prayer, ¶1.) As a limited jurisdiction court, this Court cannot grant permanent injunctive relief. (Code Civ. Proc., §§ 85, 86, subd. (a)(8).) Plaintiff’s counsel of record is ordered to appear at the hearing on the Demurrer and explain why this action should not be transferred to a court of unlimited jurisdiction based on the request for injunctive relief.

Conclusion

Defendants Allan D. Suazo, Bong S. Chang and Moon S. Chang’s Demurrer to the Complaint is OVERRULED.

DEFENDANTS ARE TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

PLAINTIFF’S COUNSEL OF RECORD IS ORDERED TO APPEAR AT THE HEARING ON THE DEMURRER AND EXPLAIN WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO A COURT OF UNLIMITED JURISDICTION BASED ON THE REQUEST FOR INJUNCTIVE RELIEF.

Moving party to give notice.

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