This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 00:49:56 (UTC).

ORLANDO GARCIA VS ROSA MARTINEZ

Case Summary

On 07/10/2020 ORLANDO GARCIA filed a Civil Right - Other Civil Right lawsuit against ROSA MARTINEZ. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5765

  • Filing Date:

    07/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GARCIA ORLANDO

Defendant

MARTINEZ ROSA

Attorney/Law Firm Details

Plaintiff Attorneys

BALLISTER RAYMOND GEORGE JR

BALLISTER RAYMOND G. JR.

 

Court Documents

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/27/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Motion for Summary Judgment - Motion for Summary Judgment

7/27/2021: Motion for Summary Judgment - Motion for Summary Judgment

Separate Statement - Separate Statement

7/27/2021: Separate Statement - Separate Statement

Request for Judicial Notice - Request for Judicial Notice

7/27/2021: Request for Judicial Notice - Request for Judicial Notice

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

9/10/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Certificate of Mailing for - Certificate of Mailing for [Order on Court Fee Waiver (Superior Court)]

9/10/2020: Certificate of Mailing for - Certificate of Mailing for [Order on Court Fee Waiver (Superior Court)]

Answer - Answer

8/5/2020: Answer - Answer

Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

8/13/2020: Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

8/18/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

8/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/17/2020: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

7/10/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/10/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/10/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

7/10/2020: First Amended Standing Order - First Amended Standing Order

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

7/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 07/14/2023
  • Hearing07/14/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/07/2022
  • Hearing01/07/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/12/2021
  • Hearing10/12/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 07/28/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 10/12/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/27/2021
  • DocketRequest for Judicial Notice; Filed by: Orlando Garcia (Plaintiff)

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  • 07/27/2021
  • DocketMotion for Summary Judgment; Filed by: Orlando Garcia (Plaintiff)

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  • 07/27/2021
  • DocketMemorandum of Points & Authorities; Filed by: Orlando Garcia (Plaintiff)

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  • 07/27/2021
  • DocketSeparate Statement; Filed by: Orlando Garcia (Plaintiff)

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  • 09/10/2020
  • DocketUpdated -- Request to Waive Additional Court Fees (Superior Court): Result Date changed from 09/09/2020 to 09/10/2020; As To Parties: removed

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  • 09/10/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): Status Date changed from 09/09/2020 to 09/10/2020; Status changed from TP to Filed

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13 More Docket Entries
  • 08/05/2020
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Rosa Martinez (Defendant)

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  • 07/17/2020
  • DocketProof of Personal Service; Filed by: Orlando Garcia (Plaintiff); Service Date: 07/14/2020; Service Cost Waived: No

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  • 07/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/14/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/10/2020
  • DocketNon-Jury Trial scheduled for 01/07/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/10/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/10/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/10/2020
  • DocketSummons on Complaint; Issued and Filed by: Orlando Garcia (Plaintiff); As to: Rosa Martinez (Defendant)

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  • 07/10/2020
  • DocketCivil Case Cover Sheet; Filed by: Orlando Garcia (Plaintiff); As to: Rosa Martinez (Defendant)

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  • 07/10/2020
  • DocketComplaint; Filed by: Orlando Garcia (Plaintiff); As to: Rosa Martinez (Defendant)

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  • 07/10/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC05765 Hearing Date: October 12, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR SUMMARY JUDGMENT

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MOVING PARTY: Plaintiff\r\nOrlando Garcia

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RESP. PARTY: None

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MOTION FOR SUMMARY JUDGMENT OR,\r\nIN THE ALTERNATIVE, SUMMARY ADJUDICATION

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(CCP § 437c)

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TENTATIVE RULING:

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Plaintiff Orlando Garcia’s Motion for\r\nSummary Judgment is PLACED OFF CALENDAR.

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Because this Court does not have\r\njurisdiction to issue permanent injunctive relief as prayed for in the\r\nComplaint, the action is RECLASSIFIED as an unlimited jurisdiction case and is\r\ntransferred to the reclassification desk for collection of fees and\r\nreassignment. Plaintiff is ordered to pay the reclassification fee within ten\r\n(10) days of notice of this order.

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SERVICE: \r\n

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[X] Proof of Service Timely\r\nFiled (CRC 3.1300) OK

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[X] Correct Address (CCP 1013,\r\n1013a) OK

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[X] 75/80 Day Lapse (CCP 12c\r\nand 1005 (b)) OK

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OPPOSITION: None filed as of October 7,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof October 7, 2021 [ ] Late [X]\r\nNone

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

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On July 10, 2020, Plaintiff Orlando Garcia (“Plaintiff”)\r\nfiled a verified complaint against Defendant Rosa Martinez (“Defendant”)\r\nalleging violations of the Americans with Disabilities Act and violations of\r\nthe Unruh Civil Rights Act. Defendant filed an Answer, in pro per, on August 5,\r\n2020.

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Plaintiff filed the instant Motion for Summary Judgment\r\n(the “Motion”) on July 27, 2021. No opposition was filed.

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Before considering the merits of Plaintiff’s Motion, the\r\nCourt notes that he seeks an injunction requiring Defendant to comply with the\r\nAmericans with Disabilities Act and the Unruh Civil Rights Act. (Compl.,\r\nPrayer.) However, limited jurisdiction courts, such as this one, do not have\r\nthe authority to issue permanent injunctive relief. (Code Civ. Proc., § 86,\r\nsubd. (a)(8) [“An action to issue a temporary restraining order or preliminary\r\ninjunction” is a limited civil case].) As a result, this Court has no\r\njurisdiction over this action.

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Accordingly, the Motion is PLACED OFF CALENDAR. The Court\r\nalso RECLASSIFIES this action to unlimited jurisdiction court on its own motion\r\nunder Code of Civil Procedure section 403.040, subdivision (a). Plaintiff is\r\nordered to pay the reclassification fee within ten (10) days of this order.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nOrlando Garcia’s Motion for Summary Judgment is PLACED OFF CALENDAR.

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Because this Court does not have\r\njurisdiction to issue permanent injunctive relief as prayed for in the\r\nComplaint, the action is RECLASSIFIED as an unlimited jurisdiction case and is\r\ntransferred to the reclassification desk for collection of fees and\r\nreassignment. Plaintiff is ordered to pay the reclassification fee within ten\r\n(10) days of notice of this order.

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Moving party is ordered to give\r\nnotice.

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