Case: Flores v. City of Baldwin Park Police Department

2:14-cv-09290 | California state trial court

Filed Date: Oct. 8, 2014

Closed Date: March 2, 2017

Clearinghouse coding complete

Case Summary

On October 8, 2014, two individuals filed a lawsuit in the Superior Court of the State of California for the County of Los Angeles under state law against the City of Baldwin Park Police Department. The plaintiffs, represented by public interest counsel, asked the court for damages and injunctive and declaratory relief, claiming that defendants falsely imprisoned one of the plaintiffs; that such imprisonment violated the defendants' obligations under the California TRUST Act; that such imprison…

On October 8, 2014, two individuals filed a lawsuit in the Superior Court of the State of California for the County of Los Angeles under state law against the City of Baldwin Park Police Department. The plaintiffs, represented by public interest counsel, asked the court for damages and injunctive and declaratory relief, claiming that defendants falsely imprisoned one of the plaintiffs; that such imprisonment violated the defendants' obligations under the California TRUST Act; that such imprisonment deprived one of the plaintiffs of his rights under California law and the California Constitution; and that such activities are a wasteful and illegal expenditure of taxpayers' dollars, warranting an injunction.

Specifically, the plaintiffs claimed that one of the plaintiffs was held for three days under a federal Immigration and Customs Enforcement ("ICE") after being eligible for release from local law enforcement agency custody, in violation of the California TRUST Act. The other plaintiff claimed that the defendants' actions in honoring ICE hold requests in contravention of state and federal law were a wasteful and illegal expenditure of taxpayer dollars, and sought an injunction permanently enjoining Defendants from honoring immigration detainers in violation of the TRUST Act.

On December 3, 2014, the defendants removed the case to the U.S. District Court for the Central District of California because of the "claims of constitutional violations and questions relating to federal immigration laws." The plaintiffs moved to remand two weeks later, arguing that there was no substantial federal question. The federal district court granted the plaintiffs' motion and remanded the case back to the Los Angeles Superior Court on February 23, 2015. It held that the cause of action was created by state law, and that the presence of an immigration issue under a federal program (here, the Secure Communities program) did not completely preempt state law. It also rejected the defendants' argument that the plaintiffs' claims were inherently federal in nature and found that the plaintiffs' right to relief did not depend on a substantial, disputed federal question. In addition to not having federal question jurisdiction, there was also no diversity jurisdiction even if the private firm operating the jail in Baldwin Park was outside of California because the firm was not a party to the case.

On February 8, 2016, the defendants moved for summary judgment. Three days later, the plaintiffs moved for partial summary judgment.

The parties then settled, notifying the court on March 23, 2016. The defendants agreed to pay $27,500 in damages and attorneys' fees: $15,000 to the named plaintiff and $12,500 to the Mexican American Legal Defense and Education Fund. The case was then dismissed on May 24, 2016.

Summary Authors

Dan Whitman (12/2/2014)

Lauren Yu (9/4/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5904480/parties/sergio-flores-v-city-of-baldwin-park-police-department/


Judge(s)

Chooljian, Jacqueline (California)

Attorney for Plaintiff

Bansal, Jessica Karp (California)

Bansal, Jessica Karp (California)

Barragan, Matthew J. (California)

Attorney for Defendant

Carpenter, Martin Leonard (California)

Documents in the Clearinghouse

Documents in this case

2:14-cv-09290

Docket [PACER]

Sergio Flores v. City of Baldwin Park Police

U.S. District Court for the Central District of California

March 5, 2015

March 5, 2015

Docket

0:14-560031

Docket [Superior Court of California, Los Angeles County]

March 2, 2017

March 2, 2017

Docket
59

0:14-560031

Plaintiff's Notice of Motion and Motion for Partial Summary Judgment

Feb. 11, 2006

Feb. 11, 2006

Pleading / Motion / Brief

0:14-560031

Complaint for Damages, Injunctive and Declaratory Relief

Oct. 8, 2014

Oct. 8, 2014

Complaint
17

2:14-cv-09290

Order Remanding Claims for Lack of Jurisdiction

Flores v. City of Baldwin Park

U.S. District Court for the Central District of California

Feb. 23, 2015

Feb. 23, 2015

Order/Opinion

2015 WL 756877

53

0:14-560031

Defendant's Notice of Motion and Motion for Summary Judgment or in the Alternative, Motion for Summary Adjudication; Memorandum of Points and Authorities in Support

Feb. 8, 2016

Feb. 8, 2016

Pleading / Motion / Brief
71

0:14-560031

Notice of Settlement of Entire Case

March 23, 2016

March 23, 2016

Pleading / Motion / Brief
72

0:14-560031

Notice of Settlement of Entire Case

March 23, 2016

March 23, 2016

Settlement Agreement

0:14-560031

Settlement Agreement and Release of All Claims

March 29, 2016

March 29, 2016

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5904480/sergio-flores-v-city-of-baldwin-park-police-department/

Last updated Sept. 6, 2026, 4:33 a.m.

Docket for: Sergio Flores v. City of Baldwin Park Police Department
ECF Number Date Description Link
1 Dec. 3, 2014

NOTICE OF REMOVAL from Los Angeles County Superior Court - Central District, case number BC560031 Receipt No: 0973-14862990 - Fee: $400, filed by defendant City of Baldwin Park. (Attorney David G Torres-Siegrist added to party City of Baldwin Park(pty:dft))(Torres-Siegrist, David) (Entered: 12/03/2014)

RECAP
2 Dec. 3, 2014

CIVIL COVER SHEET filed by Defendant City of Baldwin Park. (Torres-Siegrist, David) (Entered: 12/03/2014)

RECAP
3 Dec. 3, 2014

NOTICE of Interested Parties filed by defendant City of Baldwin Park, identifying Sergio Flores, Roxana Guevara, Thomas A. Saenz, Matthew J. Barragan, Mexican American Legal Defense and Educational Fund, Jessica Karp Bansal, National Day Labor Organizing Network, Martin L. Carpenter, David G. Torres-Siegrist, Carpenter, Rothans & Dumont. (Torres-Siegrist, David) (Entered: 12/03/2014)

RECAP
4 Dec. 3, 2014

NOTICE TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT filed by defendant City of Baldwin Park. (Torres-Siegrist, David) (Entered: 12/03/2014)

RECAP
5 Dec. 3, 2014

CERTIFICATE OF SERVICE filed by defendant City of Baldwin Park, re Notice (Other) 4 served on of Notice to Adverse Party of Removal to Federal Court. (Torres-Siegrist, David) (Entered: 12/03/2014)

RECAP
6 Dec. 3, 2014

NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jacqueline Chooljian. (et) (Entered: 12/03/2014)

RECAP
7 Dec. 3, 2014

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 12/03/2014)

RECAP
Dec. 3, 2014

CONFORMED FILED COPY OF COMPLAINT against Defendants City of Baldwin Park, City of Baldwin Park Police Department, Does 1 to 50, inclusive., filed by Plaintiffs Sergio Flores, Roxana Guevara. [FILED IN STATE COURT ON 10/8/2014 SUBMITTED ATTACHED OT NOTICE OF REMOVAL.] (et)

8 Dec. 10, 2014

STIPULATION for Order Plaintiffs' Motion for Remand be filed on or before December 19, 2014, for hearing on February 9, 2015; Defendant's Opposition to Motion for Remand be filed on or before January 9, 2015; Plaintiffs' Reply to Defendant's Opposition be filed on or before January 23, 2015; Defendant shall have a period of twenty-one (21) days following issuance of Court's ruling on plaintiffs' Motion for Remand to file a responsive pleading, including but not limited to a Motion to Dismiss and/or Motion to Strike filed by defendant City of Baldwin Park. (Attachments: # 1 Proposed Order re Stipulation re Plaintiffs' Motion for Remand and Defendant's Responsive Pleading)(Torres-Siegrist, David) (Entered: 12/10/2014)

RECAP
9 Dec. 11, 2014

ORDER by Judge Michael W. Fitzgerald granting Stipulation re Plaintiff's Motion for Remand and Defendant's Responsive Pleading, 8 .. Plaintiffs Motion for Remand be filed on or before December 19, 2014, with hearing noticed for February 23, 2015 at 10:00 a.m.; 2. Defendants Opposition to Plaintiffs' Motion for Remand be filed on or before January 23, 2015; 3. Plaintiffs Reply to Defendants Opposition be filed on or before February 6, 2015. (See order for further details) (shb) (Entered: 12/11/2014)

RECAP
10 Dec. 19, 2014

NOTICE OF MOTION AND MOTION to Remand Case to State Court of California, County of Los Angeles, Stanley Mosk Courthouse filed by PLAINTIFFS Sergio Flores, Roxana Guevara. Motion set for hearing on 2/23/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order Granting Plaintiffs Motion to Remand)(Barragan, Matthew) (Entered: 12/19/2014)

RECAP
11 Jan. 16, 2015

APPLICATION to Substitute attorney Susan E. Coleman in place of attorney Marin L. Carpenter and David G. Torres-Siegrist filed by defendant City of Baldwin Park. (Attachments: # 1 Proposed Order)(Attorney Susan E Coleman added to party City of Baldwin Park(pty:dft))(Coleman, Susan) (Entered: 01/16/2015)

RECAP
12 Jan. 20, 2015

ORDER by Judge Michael W. Fitzgerald granting Request for Approval of Substitution of Attorney Susan E. Coleman, Burke Williams & Sorensen LLP, for Defendant City of Baldwin Park in place of Attorneys Martin L. Carpenter and David G. Torres-Siegrist 11 . (gk) (Entered: 01/22/2015)

RECAP
13 Jan. 23, 2015

OPPOSITION to MOTION to Remand Case to State Court of California, County of Los Angeles, Stanley Mosk Courthouse 10 filed by Defendant City of Baldwin Park. (Coleman, Susan) (Entered: 01/23/2015)

RECAP
14 Jan. 23, 2015

REQUEST FOR JUDICIAL NOTICE re MOTION to Remand Case to State Court of California, County of Los Angeles, Stanley Mosk Courthouse 10 filed by defendant City of Baldwin Park. (Coleman, Susan) (Entered: 01/23/2015)

RECAP
15 Feb. 6, 2015

REPLY Support MOTION to Remand Case to State Court of California, County of Los Angeles, Stanley Mosk Courthouse 10 filed by Plaintiffs Sergio Flores, Roxana Guevara. (Bansal, Jessica) (Entered: 02/06/2015)

RECAP
16 Feb. 23, 2015

MINUTE ORDER: The hearing on Motion to Remand Case to State Court 10 was held before Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. The Court hears oral argument from counsel and takes the matter under submission. An Order will issue. Court Reporter: Rosalyn Adams. (cw) (Entered: 02/23/2015)

RECAP
17 Feb. 23, 2015

MINUTES (IN CHAMBERS): ORDER REMANDING CLAIMS FOR LACK OF JURISDICTION by Judge Michael W. Fitzgerald: The Court determines that it lacks jurisdiction to hear any of Plaintiffs' claims for relief. The Court therefore GRANTS Plaintiffs' Motion to Remand 10 and REMANDS this action to the Superior Court of the State of California for the County of Los Angeles, Case No. BC560031. Court Reporter: None Present. (gk) (Entered: 02/23/2015)

RECAP
18 Feb. 23, 2015

TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) (Entered: 02/23/2015)

RECAP
19 March 5, 2015

Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. BC560031, acknowledged on 2/27/2015. (gk) (Entered: 03/05/2015)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 8, 2014

Closing Date: March 2, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual and a taxpayer

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Baldwin Park Police Department

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

State law

Other Dockets:

Central District of California 2:14-cv-09290

California state trial court BC560031

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 27,500

Issues

General/Misc.:

Terrorism/Post 9-11 issues

Affected Language(s):

Spanish

Immigration/Border:

Detention - criteria

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation