Karla Gomez et al v. City of Los Angeles et al
| E. B., Andy Herrera, Y. B., Z. G., Karla Gomez and Zenaida Gomez |
| City of Los Angeles, DOES 1 through 50, inclusive., Kevin Guerrero, James, Vaca, Jones, Kathryn Sain, James Mankey, Mario Aride, Does 1 through 50, inclusive, Officer Vaca, Officer James and Officer Jones |
| 2:2019cv04718 |
| May 30, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Gail J Standish |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 27
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 8/26/2019 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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| Filing 26 ANSWER to Complaint (Attorney Civil Case Opening),,, #1 with JURY DEMAND filed by Defendants Mario Aride(individually), City of Los Angeles, Kevin Guerrero(in his official capacity as a Peace Officer for the Los Angeles Police Department), James(individually), Jones(in his official capacity as a Peace Officer for the Los Angeles Police Department), James Mankey(individually), Vaca(individually).(Ford, Ty) |
| Filing 25 NOTICE of Appearance filed by attorney Ty A Ford on behalf of Defendants Mario Aride, City of Los Angeles, Kevin Guerrero, James, Jones, James Mankey, Vaca (Attorney Ty A Ford added to party Mario Aride(pty:dft), Attorney Ty A Ford added to party City of Los Angeles(pty:dft), Attorney Ty A Ford added to party Kevin Guerrero(pty:dft), Attorney Ty A Ford added to party James(pty:dft), Attorney Ty A Ford added to party Jones(pty:dft), Attorney Ty A Ford added to party James Mankey(pty:dft), Attorney Ty A Ford added to party Vaca(pty:dft))(Ford, Ty) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant James(individually) served on 6/12/2019, answer due 7/15/2019; James(in his official capacity as a Peace Officer for the Los Angeles Police Department) served on 6/12/2019, answer due 7/15/2019. Service of the Summons and Complaint were executed upon Officer James, Badge #41067 individually and in his official capacity as a peace officer for the LAPD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
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Filing 23
ORDER by Judge Percy Anderson, re Miscellaneous Document, #21 . After full consideration of the Stipulation by the parties IT IS HEREBY ORDERED: 1. Plaintiff Z.G. is dismissed, with prejudice, from the following claims in the Complaint: municipal liability under 1983 regarding the probationer search of the home (first), 1983 claim under the 4th Amendment for an illegal search of the home (second), unreasonable search and seizure under Article I, Section 13 of the California Constitution for the search of the home (third), negligence (fifth), intentional infliction of emotional distress (sixth), false arrest/imprisonment (seventh) and assault and battery (ninth). Therefore, Plaintiff Z.G.'s only remaining claim in this action is the fourth claim for relief under 1983 and the 14th Amendment for interference with familial relationships. (See document for details). The responsive pleading deadline is continued from June 24, 2019 to July 15, 2019. (mrgo)
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| Filing 22 CERTIFICATE of Interested Parties filed by Defendants Mario Aride(individually), Mario Aride(in his official capacity as a Peace Officer for the Los Angeles Police Department), City of Los Angeles, Kevin Guerrero(in his official capacity as a Peace Officer for the Los Angeles Police Department), Kevin Guerrero(individually), James(individually), James(in his official capacity as a Peace Officer for the Los Angeles Police Department), Jones(in his official capacity as a Peace Officer for the Los Angeles Police Department), Jones(individually), James Mankey(individually), James Mankey(in his official capacity as a Peace Officer for the Los Angeles Police Department), Vaca(individually), Vaca(in his official capacity as a Peace Officer for the Los Angeles Police Department), (Attorney Kelly N Kades added to party Mario Aride(pty:dft), Attorney Kelly N Kades added to party Mario Aride(pty:dft), Attorney Kelly N Kades added to party City of Los Angeles(pty:dft), Attorney Kelly N Kades added to party Kevin Guerrero(pty:dft), Attorney Kelly N Kades added to party Kevin Guerrero(pty:dft), Attorney Kelly N Kades added to party James(pty:dft), Attorney Kelly N Kades added to party James(pty:dft), Attorney Kelly N Kades added to party Jones(pty:dft), Attorney Kelly N Kades added to party Jones(pty:dft), Attorney Kelly N Kades added to party James Mankey(pty:dft), Attorney Kelly N Kades added to party James Mankey(pty:dft), Attorney Kelly N Kades added to party Vaca(pty:dft), Attorney Kelly N Kades added to party Vaca(pty:dft))(Kades, Kelly) |
| Filing 21 JOINT STIPULATION TO DISMISS CERTAIN CLAIMS FROM COMPLAINT AND TO CONTINUE RESPONSIVE PLEADING DEADLINE FROM June 24, 2019 TO July 15, 2019 filed by Defendants Mario Aride, Mario Aride, City of Los Angeles, Kevin Guerrero, Kevin Guerrero, James, James, Jones, Jones, James Mankey, James Mankey, Vaca, Vaca (Attachments: #1 Proposed Order)(Kades, Kelly) |
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Filing 20
ORDER APPOINTING RUBEN MATEO BAUTISTA AS GUARDIAN AD LITEM FOR Z.G., E.B. AND Y.B. by Judge Percy Anderson re: #19 APPLICATION to Appoint Guardian ad Litem. Appointing Ruben Mateo Bautista as Guardian ad Litem for Z.G., E.B., and Y.B. (mrgo)
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| Filing 19 APPLICATION for Appointment of Ruben Mateo Bautista as Guardian ad Litem for Z.G., E.B., Y.B. filed by plaintiffs E. B., Y. B., Z. G.. (Attachments: #1 Exhibit Consent of RMB to serve as GAL, #2 Proposed Order) (Hayden, Herbert) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant Vaca(individually) served on 6/5/2019, answer due 6/26/2019; Vaca(in his official capacity as a Peace Officer for the Los Angeles Police Department) served on 6/5/2019, answer due 6/26/2019. Service of the Summons and Complaint were executed upon Officer Vaca Badge #35313, individually and official capacity as a peace officer of the LAPD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant Mario Aride(individually) served on 6/5/2019, answer due 6/26/2019; Mario Aride(in his official capacity as a Peace Officer for the Los Angeles Police Department) served on 6/5/2019, answer due 6/26/2019. Service of the Summons and Complaint were executed upon Mario Aride Badge #39953, individually and official capacity as a peace officer of the LAPD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant Kevin Guerrero(in his official capacity as a Peace Officer for the Los Angeles Police Department) served on 6/5/2019, answer due 6/26/2019; Kevin Guerrero(individually) served on 6/5/2019, answer due 6/26/2019. Service of the Summons and Complaint were executed upon Kevin Guerrero Badge #40862, individually and official capacity as a peace officer of the LAPD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant James Mankey(individually) served on 6/5/2019, answer due 6/26/2019; James Mankey(in his official capacity as a Peace Officer for the Los Angeles Police Department) served on 6/5/2019, answer due 6/26/2019. Service of the Summons and Complaint were executed upon James Mankey Badge #37189, individually and official capacity as a peace officer of the LAPD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant Jones(in his official capacity as a Peace Officer for the Los Angeles Police Department) served on 6/5/2019, answer due 6/26/2019; Jones(individually) served on 6/5/2019, answer due 6/26/2019. Service of the Summons and Complaint were executed upon Officer Jones Badge #35281, individually and official capacity as a peace officer of the LAPD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff E. B., Karla Gomez, Andy Herrera, Z. G., Y. B., Zenaida Gomez, upon Defendant City of Los Angeles served on 6/3/2019, answer due 6/24/2019. Service of the Summons and Complaint were executed upon City of Los Angeles, a municipal corporation in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Hayden, Herbert) |
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Filing 12
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court are Applications for Appointment of Guardian Ad Litem (Docket Nos. #2 & #3 ). Accordingly, the Court denies the Applications #2 #3 . The Court orders plaintiffs to submit new applications for proposed guardians ad litem by no later than June 24, 2019. If the plaintiffs wish, they may consider seeking appointment of a guardian ad litem from the Probate Volunteer Panel of the Los Angeles County Superior Court. Failure to timely respond to this order may result in the dismissal without prejudice of the minors' claims. (lom)
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Filing 11
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 10 21 DAY Summons issued re Complaint #1 as to defendants Mario Aride(individually), Mario Aride(in his official capacity as a Peace Officer for the Los Angeles Police Department), City of Los Angeles, Does, Kevin Guerrero(in his official capacity as a Peace Officer for the Los Angeles Police Department), Kevin Guerrero(individually), James(individually), James(in his official capacity as a Peace Officer for the Los Angeles Police Department), Jones(in his official capacity as a Peace Officer for the Los Angeles Police Department), Jones(individually), James Mankey(individually), James Mankey(in his official capacity as a Peace Officer for the Los Angeles Police Department), Kathryn Sain(individually), Kathryn Sain(in her official capacity as a Peace Officer for the Los Angeles Police Department), Vaca(individually), Vaca(in his official capacity as a Peace Officer for the Los Angeles Police Department). (esa) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Gail J. Standish. (esa) |
| Filing 7 REQUEST for Refund of Fees Paid Re: Complaint (Attorney Civil Case Opening),,, #1 filed by plaintiffs E. B., Y. B., Z. G., Karla Gomez(as guardian ad litem for Z.G., a minor), Karla Gomez, Zenaida Gomez(as guardian ad litem for E.B., a minor ), Zenaida Gomez, Zenaida Gomez(as guardian ad litem for Y.B., a minor ), Andy Herrera. (Hayden, Herbert) |
| Filing 6 CIVIL COVER SHEET filed by Plaintiffs E. B., Y. B., Z. G., Karla Gomez, Karla Gomez, Zenaida Gomez, Zenaida Gomez, Zenaida Gomez, Andy Herrera. (Hayden, Herbert) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by plaintiffs E. B., Y. B., Z. G., Karla Gomez(as guardian ad litem for Z.G., a minor), Karla Gomez, Zenaida Gomez(as guardian ad litem for E.B., a minor ), Zenaida Gomez, Zenaida Gomez(as guardian ad litem for Y.B., a minor ), Andy Herrera. (Hayden, Herbert) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Hayden, Herbert) |
| Filing 3 APPLICATION for Appointment of Karla Gomez as Guardian ad Litem for Z.G. filed by plaintiffs Z. G., Karla Gomez(as guardian ad litem for Z.G., a minor), Karla Gomez. (Attachments: #1 Karla Gomez Consent to Serve as GAL for Z.G., #2 Proposed Order) (Hayden, Herbert) |
| Filing 2 APPLICATION for Appointment of Zenaida Gomez as Guardian ad Litem for E.B. and Y.B. filed by plaintiff E. B., Y. B., Z. G.. (Attachments: #1 Zenaida Gomez Consent to serve as GAL for YB, #2 Zenaida Gomez Consent to serve as GAL for EB, #3 Proposed Order) (Hayden, Herbert) |
| Filing 1 COMPLAINT Receipt No: 0973-23831221 - Fee: $400, filed by plaintiffs E. B., Karla Gomez(as guardian ad litem for Z.G., a minor), Karla Gomez, Zenaida Gomez(as guardian ad litem for E.B., a minor ), Andy Herrera, Z. G., Y. B., Zenaida Gomez, Zenaida Gomez(as guardian ad litem for Y.B., a minor ). (Attorney Herbert Hayden added to party E. B.(pty:pla), Attorney Herbert Hayden added to party Y. B.(pty:pla), Attorney Herbert Hayden added to party Z. G.(pty:pla), Attorney Herbert Hayden added to party Karla Gomez(pty:pla), Attorney Herbert Hayden added to party Karla Gomez(pty:pla), Attorney Herbert Hayden added to party Zenaida Gomez(pty:pla), Attorney Herbert Hayden added to party Zenaida Gomez(pty:pla), Attorney Herbert Hayden added to party Zenaida Gomez(pty:pla), Attorney Herbert Hayden added to party Andy Herrera(pty:pla))(Hayden, Herbert) |
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