Case: Miranda v. Bonner

2:08-cv-03178 | U.S. District Court for the Central District of California

Filed Date: May 14, 2008

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On May 14, 2008, two private citizens in the state of California who had their vehicles impounded under the California Vehicle Code filed this class-action lawsuit in the US District Court for the Central District of California. The plaintiffs sued the Secretary of the State of California's Business, Transportation and Housing Agency ("BTH"), the Commissioner of the California Highway Patrol ("CHP"), and the City of Los Angeles. The plaintiffs alleged violations of the Fourth Amendment, the Fi…

On May 14, 2008, two private citizens in the state of California who had their vehicles impounded under the California Vehicle Code filed this class-action lawsuit in the US District Court for the Central District of California. The plaintiffs sued the Secretary of the State of California's Business, Transportation and Housing Agency ("BTH"), the Commissioner of the California Highway Patrol ("CHP"), and the City of Los Angeles. The plaintiffs alleged violations of the Fourth Amendment, the Fifth Amendment, the Eighth Amendment, the Fourteenth Amendment, and California law. The plaintiffs sought declaratory equitable and injunctive relief for unlawful seizures and impoundments of their vehicles.

Under California's Vehicle Code, a peace officer could "cause the removal and seizure of" a vehicle for various reasons, and the vehicle may be impounded for 30 days. Following the seizure of a vehicle, the vehicle's owner was entitled to a "storage hearing," during which any mitigating circumstances will be considered. The plaintiffs alleged that the defendants violated various aspects of the Vehicle Code, thereby violating the plaintiffs' rights under the Constitution, the California Constitution, and California law.

The plaintiffs had four main allegations: First, the plaintiffs alleged unlawful search and seizure for the wrongful seizure and impoundment of their vehicles for driving without a license. The plaintiffs alleged that this violated their Fourth Amendment rights, and also violated the California Constitution.

Second, the plaintiffs alleged that the conditions leading up to the seizure and impoundment of the plaintiffs' vehicles did not meet the requirements of the community caretaking doctrine (in other words, it did not present a threat to public safety), and therefore violated the Takings Clause of the Fifth Amendment and California law.

Third, the plaintiff alleged that the defendants violated procedural due process with misleading hearing notices and inadequacy of hearing officers, standard and procedures surrounding the "storage hearings" following the seizure and impoundment of vehicles. The plaintiffs alleged that this violated their Fifth and Fourteenth amendment rights and the their rights under the California Constitution.

Lastly, the plaintiffs alleged that defendants' policy imposing a fee on vehicles seized and impounded that exceeded the administrative costs was in violation of California's Vehicle Code, and therefore unlawful under California law. The plaintiffs further alleged that the defendants had the power to prevent the plaintiffs from recouping their property via threats, intimidation, and coercion, thereby violating their Fifth and Fourteenth Amendment rights, and their rights under the California Constitution and California law.

The plaintiffs sought to certify two plaintiff classes and a defendant class. On January 1, 2012, the court denied the plaintiffs' motion to certify either class, but allowed them to proceed on their individual claims against the named defendants. 2012 WL 10972131 (C.D. Cal. Jan. 31, 2012).

Both parties moved for summary judgment. On March 4, 2013, Judge S. James Otero granted the defendants' motion for summary judgment for the federal claims and dismissed without prejudice the state law claims. Judge Otero also denied the plaintiffs' motion for summary judgment. 2013 WL 794059 (C.D. Cal. Mar. 4, 2013).

Summary Authors

Rachel June-Graber (10/26/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5864237/parties/armando-miranda-v-dale-e-bonner/


Judge(s)

Otero, S. James (California)

Attorneys(s) for Plaintiff

Anderson-Barker, Cynthia M. (California)

Cook, Donald W. (California)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Mann, Robert Frederick (California)

Attorneys(s) for Defendant

Barrientos, Sandra Isabel (California)

Dean, Donna M. (California)

Fujita, Grace Midori (California)

Leung, Todd T. (California)

Judge(s)

Otero, S. James (California)

Attorneys(s) for Plaintiff

Anderson-Barker, Cynthia M. (California)

Cook, Donald W. (California)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Mann, Robert Frederick (California)

Attorneys(s) for Defendant

Barrientos, Sandra Isabel (California)

Dean, Donna M. (California)

Fujita, Grace Midori (California)

Leung, Todd T. (California)

Manfre, Lucy Ann (California)

Tucker, Glen E. (California)

Zinger, Theodore B. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

April 18, 2014 Docket
1

Complaint

May 14, 2008 Complaint
95

Plaintiffs' Notice of Motion for Leave to File Third Amended Class Complaint for Damages and Injunctive Relief; Memorandum of Points and Authorities; Proposed Third Amended Complaint

Oct. 17, 2011 Complaint
200

Judgment in Favor of Defendants City of Los Angeles, Dale E. Bonner, J.A. Farrow, and Sunne Wright McPeak

2013 WL 794059

March 4, 2013 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5864237/armando-miranda-v-dale-e-bonner/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Defendants Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does 1 through 10.(Filing fee $ 350 PAID.) Jury Demanded., filed by plaintiffs Armando Miranda, Eric Flores.(ghap) Additional attachment(s) added on 5/19/2008 (ds, ). (Entered: 05/16/2008)

2 Notice of Assignment

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3 Summons

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4 Civil Cover Sheet

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May 14, 2008 PACER

20 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Defendants Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does 1 through 10. (ghap)

May 14, 2008 PACER
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NOTICE of Interested Parties filed by Plaintiffs Armando Miranda, Eric Flores. (ghap) Additional attachment(s) added on 5/19/2008 (ds, ). (Entered: 05/16/2008)

May 14, 2008 PACER

FAX number for Attorneys Paul J Estuar, Barrett S Litt is 213-380-4585. (ghap)

May 14, 2008 PACER

FAX number for Attorneys Donald W Cook, Robert Frederick Mann is 213-252-0091. (ghap)

May 14, 2008 PACER

FAX number for Attorney Cynthia M Anderson-Barker is 213-381-3246. (ghap)

May 14, 2008 PACER
3

STIPULATION for Extension of Time to File response filed by Defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually).(Zinger, Theodore) (Entered: 06/06/2008)

June 6, 2008 PACER
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FIRST STIPULATION Extending Time to Answer the complaint as to Dale S. Bonner answer now due 7/10/2008; J. A. Farrow(individually) answer now due 7/10/2008; Sunne Wright McPeak(individually) answer now due 7/10/2008, filed by Defendants Dale S. Bonner; J. A. Farrow(individually); Sunne Wright McPeak(individually).(Zinger, Theodore) (Entered: 06/06/2008)

June 6, 2008 PACER
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV07-1854 SJO (VBKx). Case transfered from Judge George P. Schiavelli and Magistrate Judge Patrick J. Walsh to Judge S. James Otero and Magistrate Judge Victor B. Kenton for all further proceedings. The case number will now reflect the initials of the transferee Judge CV08-3178 SJO (VBKx).Signed by Judge S. James Otero (at) (Entered: 06/09/2008)

June 9, 2008 PACER
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FIRST STIPULATION Extending Time to Answer the complaint as to City of Los Angeles answer now due 7/10/2008, filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 06/09/2008)

June 9, 2008 PACER
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NOTICE of Related Case(s) filed by defendant City of Los Angeles. Related Case(s): CV07-1854 (Leung, Todd) (Entered: 06/09/2008)

June 9, 2008 PACER
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INITIAL STANDING ORDER for cases assigned to Judge S. James Otero, (bp) (Entered: 06/12/2008)

June 12, 2008 PACER
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PROOF OF SERVICE Executed by Plaintiffs Armando Miranda, Eric Flores, upon Dale E. Bonner(individually) served on 5/21/2008, answer due 6/10/2008. Answer due 7/10/08 by Stipulation. The Summons and Complaint were served by Personal service, by Federal statute, upon Kathryn, Executive Assistant. Due Dilligence declaration no. Original Summons not returned. (Estuar, Paul) (Entered: 07/02/2008)

July 2, 2008 PACER
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PROOF OF SERVICE Executed by Plaintiffs Armando Miranda, Eric Flores, upon J. A. Farrow(individually) served on 5/21/2008, answer due 7/10/2008. by Stipulation The Summons and Complaint were served by Personal service, by Federal statute, upon Debra Dias, Assoc. Gvt. Programming Analyst. Due Dilligence declaration none. Original Summons not. (Estuar, Paul) (Entered: 07/02/2008)

July 2, 2008 PACER
11

PROOF OF SERVICE Executed by Plaintiffs Armando Miranda, Eric Flores, upon City of Los Angeles served on 5/21/2008, answer due 7/10/2008. by Stipulation. The Summons and Complaint were served by Personal service, by Federal statute, upon Receptionist. Due Dilligence declaration no. Original Summons no. (Estuar, Paul) (Entered: 07/02/2008)

July 2, 2008 PACER
12

Summons Returned Unexecuted filed by Plaintiffs Armando Miranda, Eric Flores. as to Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities). (Estuar, Paul) (Entered: 07/02/2008)

July 2, 2008 PACER
13

Second STIPULATION for Extension of Time to File Answer to 07/24/2008 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 07/09/2008)

July 9, 2008 PACER
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NOTICE OF MOTION AND MOTION to Certify Class for Injunctive Purposes filed by Plaintiffs Armando Miranda, Eric Flores. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order for Injunctive Class)(Litt, Barrett) (Entered: 07/14/2008)

2 Proposed Order for Injunctive Class

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July 14, 2008 PACER
15

DECLARATION of Robert Mann In Support Of MOTION to Certify Class for Injunctive Purposes 14 filed by Plaintiffs Armando Miranda, Eric Flores. (Litt, Barrett) (Entered: 07/14/2008)

July 14, 2008 PACER
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DECLARATION of Barrett Litt In Support Of MOTION to Certify Class for Injunctive Purposes 14 filed by Plaintiffs Armando Miranda, Eric Flores. (Litt, Barrett) (Entered: 07/14/2008)

July 14, 2008 PACER
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DECLARATION of Paul Estuar In Support Of MOTION to Certify Class for Injunctive Purposes 14 filed by Plaintiffs Armando Miranda, Eric Flores. (Attachments: # 1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 001, # 4 Exhibit 002, # 5 Exhibit 133, # 6 Exhibit 140, # 7 Exhibit 141, # 8 Exhibit 142, # 9 Exhibit 143, # 10 Exhibit 148, # 11 Exhibit 149, # 12 Exhibit 150, # 13 Exhibit 153, # 14 Exhibit 154, # 15 Exhibit 155, # 16 Exhibit 159, # 17 Exhibit 167, # 18 Exhibit 168, # 19 Exhibit 178, # 20 Exhibit 179, # 21 Exhibit 190, # 22 Exhibit 316, # 23 Exhibit 317, # 24 Exhibit 318)(Litt, Barrett) (Entered: 07/14/2008)

2 Exhibit 01

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3 Exhibit 02

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4 Exhibit 001

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5 Exhibit 002

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6 Exhibit 133

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7 Exhibit 140

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8 Exhibit 141

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9 Exhibit 142

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10 Exhibit 143

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11 Exhibit 148

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12 Exhibit 149

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13 Exhibit 150

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14 Exhibit 153

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15 Exhibit 154

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16 Exhibit 155

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17 Exhibit 159

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18 Exhibit 167

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19 Exhibit 168

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20 Exhibit 178

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21 Exhibit 179

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22 Exhibit 190

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23 Exhibit 316

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24 Exhibit 317

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25 Exhibit 318

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July 14, 2008 PACER
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FIRST AMENDED COMPLAINT against defendants' Los Angeles Police Department, City of Signal Hill, Signal Hill Police Department, Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does; Party Dale S. Bonner terminated amending Complaint - (Discovery), Complaint - (Discovery) 1,filed by plaintiffs' Jorge Heredia, Armando Miranda, Eric Flores (bp) (Entered: 07/15/2008)

July 14, 2008 PACER
19

AMENDED NOTICE OF INTERESTED PARTIES filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. Amendment to Certificate/Notice of Interested Parties 2 (bp) (Entered: 07/15/2008)

July 14, 2008 PACER
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Case number is incorrect or missing. RE: Service of Summons and Complaint Returned Executed (20 days) 11, Summons Returned Unexecuted 12, Service of Summons and Complaint Returned Executed (20 days) 9, Service of Summons and Complaint Returned Executed (20 days) 10 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (csi) (Entered: 07/15/2008)

July 15, 2008 PACER
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EX PARTE APPLICATION to Shorten Time for Hearing to 8/04/2008 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Attachments: # 1 Declaration re Ex Parte Application, # 2 Proposed Order Re Ex Parte Application)(Litt, Barrett) (Entered: 07/15/2008)

2 Declaration re Ex Parte Application

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3 Proposed Order Re Ex Parte Application

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July 15, 2008 PACER
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EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, filed by Plaintiff Jorge Heredia. (Attachments: # 1 Proposed Order Temporary Restraining Order / Order to Show Cause)(Cook, Donald) (Entered: 07/15/2008)

July 15, 2008 PACER
23

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, 22 Memorandum of Points and Authorities in Support of Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, filed by Plaintiff Jorge Heredia. (Cook, Donald) (Entered: 07/15/2008)

July 15, 2008 PACER
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DECLARATION of Jorge Heredia, Jose Luis Tirado, Maria Tirado, Dinorah Pinelo, and Donald W. Cook In Support Of EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, 22 Declarations of Jorge Heredia, Jose Luis Tirado, Maria Tirado, Dinorah Pinelo, and Donald W. Cook, in Support of Application for Temporary Restraining Order, filed by Plaintiff Jorge Heredia. (Cook, Donald) (Entered: 07/15/2008)

July 15, 2008 PACER
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PROOF OF SERVICE Executed by Plaintiff Armando Miranda, Jorge Heredia, Eric Flores, upon City of Signal Hill served on 7/16/2008, answer due 8/5/2008; Signal Hill Police Department served on 7/16/2008, answer due 8/5/2008. The Summons and Complaint were served by Personal Service service, by F.R.Cv.Proc. 4(c)(2) statute, upon Deputy Clerk Rebecca Burlenson, authorized to accept service. Due Dilligence declaration Not Required. Original Summons Not Returned. (Cook, Donald) (Entered: 07/16/2008)

July 16, 2008 PACER
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PROOF OF SERVICE filed by Plaintiff Armando Miranda, Jorge Heredia, Eric Flores, re EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, 22, Memorandum in Support of Motion,, 23, Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 24 Proof of Service of Plaintiff Jorge Heredias Application for Tro, Etc., served on 7/16/2008. (Cook, Donald) (Entered: 07/16/2008)

July 16, 2008 PACER
27

PROOF OF SERVICE filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores, re MOTION to Certify Class for Injunctive Purposes 14 Proof of Service of Notice and Motion for Class Certification re Service on Signal Hill Defendants, served on 7/16/2008. (Cook, Donald) (Entered: 07/16/2008)

July 16, 2008 PACER
28

EX PARTE APPLICATION to Continue Hearing on Motion for Class Certification from 8/4/2008 to 9/15/2008 filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 07/16/2008)

July 16, 2008 PACER
29

NOTICE OF LODGING filed re EX PARTE APPLICATION to Continue Hearing on Motion for Class Certification from 8/4/2008 to 9/15/2008 28 (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 07/16/2008)

2 Proposed Order

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July 16, 2008 PACER
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ORDER Granting Plaintiff Jorge Heredia's "Ex Parte Application for Temporary Restraining Order or, in the Alternative, Order to Show Cause" 22 by Judge S. James Otero. Because Heredia is likely to succeed and the balance of hardships tips sharply in his favor, Heredia's Application is GRANTED. Signal Hill and the Signal Hill Police Department are ORDERED to release Heredia's car to him or an authorized and licensed representative without requiring payment. Heredia must popst a $900 security bond. See order for further details. (csi) (Entered: 07/17/2008)

July 16, 2008 PACER
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ORDER Granting Defendants' Ex Parte Application to Continue the Hearing Date on Plaintiffs' Motion for Class Certification 28 by Judge S. James Otero. Defendants' application is GRANTED. Plaintiffs' motion for class certification set for hearing on 8/4/08 is continued to 9/2/08 at 10:00 am. The briefing schedule is modified to reflect the new hearing date. (csi) (Entered: 07/17/2008)

July 17, 2008 PACER
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND FOR WAIVER OF LOCAL RULE 7-3 REQUIREMENT by Judge S. James Otero, re EX PARTE APPLICATION to Shorten Time for Hearing to 8/04/2008 21 (bp) (Entered: 07/18/2008)

July 17, 2008 PACER
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NOTICE OF MOTION AND MOTION to Dismiss Case ( Motion set for hearing on 8/18/2008 at 10:00 AM before Judge S. James Otero.), MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 filed by defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 07/24/2008)

2 Proposed Order

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July 24, 2008 PACER
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REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 filed by defendant City of Los Angeles. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Leung, Todd) (Entered: 07/24/2008)

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July 24, 2008 PACER
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ANSWER to Amended Complaint,, 18 JURY DEMAND. Answer to Plaintiffs' First Amended Complaint and Demand for Jury Trial filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(and in their official capacities).(Zinger, Theodore) (Entered: 07/25/2008)

July 25, 2008 PACER
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Certificate of Interested Parties filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually), identifying all parties to the lawsuit. (Zinger, Theodore) (Entered: 07/25/2008)

July 25, 2008 PACER
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STIPULATION for Discovery as to Early deposition of Plaintiffs filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 07/25/2008)

July 25, 2008 PACER
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ORDER Setting Scheduling Conference by Judge S. James Otero. Counsel are hereby notified that a Scheduling Conference has been set for Monday, 8/25/08 at 8:30 a.m. before District Judge S. James Otero in Courtroom 880, 255 East Temple Street, Los Angeles, California 90012. Counsel are directed to file a Joint Rule 26(f) Report on or before 8/11/08. (csi) (Entered: 07/28/2008)

July 28, 2008 PACER
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OPPOSITION to MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Estuar, Paul) (Entered: 08/04/2008)

Aug. 4, 2008 PACER
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ANSWER to Amended Complaint,, 18 DEFENDANT CITY OF SIGNAL HILL'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL filed by DEFENDANT City of Signal Hill.(Tucker, Glen) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
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CERTIFICATE of Interested Parties filed by DEFENDANT City of Signal Hill, identifying Plaintiff Armando Miranda; Plaintiff Eric Flores; Plaintiff Jorge Heredia; Defendant Dale E. Bonner; Defendant J.A. Farrow; Defendant Sunne Wright McPeak; Defendant City of Los Angeles; Defendant City of Signal Hill, also erroneously names as Signal Hill Police. (Tucker, Glen) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
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REPLY MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 filed by Defendant City of Los Angeles. (Leung, Todd) (Entered: 08/11/2008)

Aug. 11, 2008 PACER
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JOINT RULE 26(f) REPORT filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Cook, Donald) (Entered: 08/12/2008)

Aug. 12, 2008 PACER
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STIPULATION to Reschedule Hearing date and briefing schedule on Plaintiffs' Motion for Class Certification filed by defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 08/12/2008)

2 Proposed Order

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Aug. 12, 2008 PACER
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MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: Plaintiff must file a Sur-Reply regarding standing to pursue injunctive relief on or before 8/15/08. This brief is limited to argument and evidence that an injunction would benefit Plaintiffs and must not exceed four pages in length. (bp) (Entered: 08/13/2008)

Aug. 13, 2008 PACER
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IT IS HEREBY ORDERED that Plaintiffs' motion for class certification is continued to September 29, 2008, and the briefing schedule on the motion is continued as follows: Oppositions due by September 8, 2008; Reply due by September 22, 2008 by Judge S. James Otero (bp) (Entered: 08/13/2008)

Aug. 13, 2008 PACER
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MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The parties are advised that MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint, 18 filed 7/24/08, scheduled for hearing on 8/18/08, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (bp) (Entered: 08/14/2008)

Aug. 14, 2008 PACER
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OPPOSITION Sur-Reply Requested by the Court filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. Motion set for hearing on 9/29/2008 at 10:00 AM before Judge S. James Otero. (Litt, Barrett) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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DECLARATION of Barrett S. Litt In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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DECLARATION of Robert Mann In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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DECLARATION of Donald Cook In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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DECLARATION of Paul J. Estuar In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Attachments: # 1 Exhibit 1 to Estuar Declaration, # 2 Exhibit 2 to Estuar Declaration, # 3 Exhibit 133 to Estuar Declaration, # 4 Exhibit 135 to Estuar Declaration, # 5 Exhibit 140 to Estuar Declaration, # 6 Exhibit 141 to Estuar Declaration, # 7 Exhibit 142 to Estuar Declaration, # 8 Exhibit 143 to Estuar Declaration, # 9 Exhibit 148 to Estuar Declaration, # 10 Exhibit 149 to Estuar Declaration, # 11 Exhibit 150 to Estuar Declaration, # 12 Exhibit 153 to Estuar Declaration, # 13 Exhibit 154 to Estuar Declaration, # 14 Exhibit 155 to Estuar Declaration, # 15 Exhibit 159 to Estuar Declaration, # 16 Exhibit 167 to Estuar Declaration, # 17 Exhibit 168 to Estuar Declaration, # 18 Exhibit 178 to Estuar Declaration, # 19 Exhibit 179 to Estuar Declaration, # 20 Exhibit 190 to Estuar Declaration, # 21 Exhibit 318 to Estuar Declaration)(Litt, Barrett) (Entered: 08/15/2008)

2 Exhibit 1 to Estuar Declaration

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3 Exhibit 2 to Estuar Declaration

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4 Exhibit 133 to Estuar Declaration

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5 Exhibit 135 to Estuar Declaration

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6 Exhibit 140 to Estuar Declaration

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7 Exhibit 141 to Estuar Declaration

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8 Exhibit 142 to Estuar Declaration

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9 Exhibit 143 to Estuar Declaration

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10 Exhibit 148 to Estuar Declaration

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11 Exhibit 149 to Estuar Declaration

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12 Exhibit 150 to Estuar Declaration

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13 Exhibit 153 to Estuar Declaration

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14 Exhibit 154 to Estuar Declaration

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15 Exhibit 155 to Estuar Declaration

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16 Exhibit 159 to Estuar Declaration

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17 Exhibit 167 to Estuar Declaration

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18 Exhibit 168 to Estuar Declaration

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19 Exhibit 178 to Estuar Declaration

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20 Exhibit 179 to Estuar Declaration

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21 Exhibit 190 to Estuar Declaration

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22 Exhibit 318 to Estuar Declaration

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Aug. 15, 2008 PACER
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SUPPLEMENT to MOTION to Certify Class 49 Supplemental Declaration of Paul J. Estuar filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Attachments: # 1 Exhibit 25 to Supplemental Declaration, # 2 Exhibit 26 to Supplemental Declaration, # 3 Exhibit 27 to Supplemental Declaration)(Litt, Barrett) (Entered: 08/15/2008)

2 Exhibit 25 to Supplemental Declaration

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3 Exhibit 26 to Supplemental Declaration

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4 Exhibit 27 to Supplemental Declaration

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Aug. 15, 2008 PACER
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PROPOSED ORDER re MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
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ORDER by Judge S. James Otero re MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 . the City's Motion is GRANTED IN PART and DENIED IN PART. Plaintiffs' claims based on the initial impoundment of cars driven by persons with non-Californialicenses are DISMISSED with prejudice. Miranda's procedural due process claim based on a failure to consider mitigating circumstances is DISMISSED without prejudice. Plaintiffs must file a Second Amended Complaint ("SAC") conforming with this Order on or before August 29, 2008. Defendants must answer the SAC on or before September 15, 2008. (rrey) (Entered: 08/22/2008)

Aug. 22, 2008 PACER
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NOTICE of Change of Address by Glen E Tucker attorney for Defendant City of Signal Hill, changing address to ALESHIRE & WYNDER LLP, GLEN E. TUCKER, Bar No. 54709, glentucker@yahoo.com, GRACE M. FUJITA, Bar No. 236794, gfujita@awattorneys.com, 1515 W. 190th Sreet, Suite 565, Gardena, CA 90248, Telephone: (310) 527-6660, Facsimile: (310) 532-7395. Filed by Defendant CITY OF SIGNAL HILL (erroneously reffered to seperately as SIGNALL HILL POLICE DEPARTMENT) (Tucker, Glen) (Entered: 08/25/2008)

Aug. 25, 2008 PACER
58

proof of service OF SERVICE filed by Defendant City of Signal Hill, re Answer to Complaint 40 NOTICE OF FILING PROOF OF SERIVCE OF DEFENDANT CITY OF SIGNAL HILL'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL served on August 4, 2008. (Tucker, Glen) (Entered: 08/25/2008)

Aug. 25, 2008 PACER
59

NOTICE OF SERVICE filed by Defendant City of Signal Hill, re Certificate/Notice of Interested Parties, 41 NOTICE OF FILING PROOF OF SERVICE OF CERTIFICATE OF INTERESTED PARTIES served on August 25, 2008. (Tucker, Glen) (Entered: 08/25/2008)

Aug. 25, 2008 PACER
60

CORRECTED NOTICE OF SERVICE filed by Defendant City of Signal Hill, re Proof of Service (subsequent documents), Proof of Service (subsequent documents) 58 NOTICE OF FILING PROOF OF SERVICE OF DEFENDANT CITY OF SIGNAL HILL'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL served on August 25, 2008. (Tucker, Glen) (Entered: 08/25/2008)

Aug. 25, 2008 PACER
61

INITIAL DISCLOSURE of PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1) DEFENDANT CITY OF SIGNAL HILL'S INITIAL DISCLOSURES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1) filed by Defendant City of Signal Hill (Tucker, Glen) (Entered: 08/27/2008)

Aug. 27, 2008 PACER
62

SECOND AMENDED COMPLAINT against defendants' Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does, Los Angeles Police Department, City of Signal Hill, Signal Hill Police Department amending Amended Complaint,, 18,filed by plaintiffs' Armando Miranda, Jorge Heredia, Eric Flores (bp) (Entered: 09/02/2008)

Aug. 29, 2008 PACER
63

20 DAY Summons Issued re Amended Complaint,, 62 as to defendants' Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does, Los Angeles Police Department, City of Signal Hill, Signal Hill Police Department. (bp) (Entered: 09/02/2008)

Aug. 29, 2008 PACER
64

EX PARTE APPLICATION for Order for ALLOWING DEFENDANTS TO FILE A SEPARATE REPLY TO PLAINTIFFS OPPOSITION TO STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually). (Attachments: # 1 Proposed Order PROPOSED ORDER ALLOWING DEFENDANTS TO FILE A SEPARATE REPLY TO PLAINTIFFS OPPOSITION TO STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT.)(Zinger, Theodore) (Entered: 09/04/2008)

2 Proposed Order PROPOSED ORDER ALLOWING DEFENDANTS TO FILE A SEPARATE REPLY TO PL

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Sept. 4, 2008 PACER
65

OPPOSITION to MOTION to Certify Class 49, MOTION to Certify Class for Injunctive Purposes 14 filed by Defendants Dale E. Bonner, J. A. Farrow, City of Los Angeles, City of Signal Hill. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Leung, Todd) (Entered: 09/08/2008)

2 Declaration

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3 Exhibit

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4 Exhibit

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Sept. 8, 2008 PACER
66

ANSWER to Amended Complaint,, 62 filed by defendant City of Signal Hill.(Tucker, Glen) (Entered: 09/10/2008)

Sept. 10, 2008 PACER
67

Certificate of Interested Parties of Interested Parties filed by Defendant City of Signal Hill, (Tucker, Glen) (Entered: 09/10/2008)

Sept. 10, 2008 PACER
68

ANSWER to Amended Complaint,, 62 Answer to Plaintiffs' Second Amended Complaint and Demand For Jury Trial filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually).(Zinger, Theodore) (Entered: 09/15/2008)

Sept. 15, 2008 PACER
69

ANSWER to Amended Complaint,, 62 filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 09/15/2008)

Sept. 15, 2008 PACER
70

REPLY Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 09/22/2008)

Sept. 22, 2008 PACER
71

MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The parties are advised that Plaintiff's MOTION for Class Certification filed 8/15/08 49 and Motion to Certify Class for injunctive purposes filed by plaintiffs Armando Miranda, Eric Flores filed 7/14/08 (14), scheduled for hearing on 9/29/08, are taken under submission. Accordingly, the hearing date is vacated. Order will issue. (bp) (Entered: 09/23/2008)

Sept. 23, 2008 PACER
72

MINUTES OF Scheduling Conference held before Judge S. James Otero, Last Date to File a Motion or Stipulation to Amend or Add Parties 9/25/2008., Discovery cut-off 3/16/2009., Motion Hearing Cut-off 4/27/2009., Jury Trial set for 6/16/2009 09:00 AM., Pretrial Conference set for 6/8/2009 09:00 AM.Court Reporter: Margarita Lopez. (bp) (Entered: 09/25/2008)

Sept. 25, 2008 PACER
73

MINUTES OF IN CHAMBERS ORDER Staying Plaintiff's Motions for Class Certification 14 49 held before Judge S. James Otero. For the reasons contained in this order, Plaintiffs' Motions are STAYED pending the Ninth Circuit Court of Appeals' ruling in Salazar v. Schwarzenegger, No. 07-01854. Plaintiffs are ordered to file a Notice of Ruling with the Court within 30 days of the Ninth Circuit's decision. (csi) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
74

NOTICE OF MOTION AND Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) filed by defendant Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, City of Signal Hill. Motion set for hearing on 12/15/2008 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 11/24/2008)

2 Proposed Order

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Nov. 24, 2008 PACER
75

MEMORANDUM in Opposition to Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx)Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) 74 Opposition filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Estuar, Paul) (Entered: 12/02/2008)

Dec. 2, 2008 PACER
76

REPLY in support of Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx)Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) 74 filed by Defendants Dale E. Bonner, J. A. Farrow, Sunne Wright McPeak, City of Los Angeles, City of Signal Hill. (Leung, Todd) (Entered: 12/08/2008)

Dec. 8, 2008 PACER
77

MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: re: Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx)Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) 74 filed 11/24/08, scheduled for hearing on 12/15/08, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (bp) (Entered: 12/09/2008)

Dec. 9, 2008 PACER
78

ORDER by Judge S. James Otero, GRANTING Defendants' Joint MOTION to Stay entire action pending resolution from the ninth circuit on Salazar v Schwarzenegger, No.07-1854 74 . The Court hereby STAYS the entire action pending the Ninth Circuit Court of Appeals' ruling in Salazar v. Schwartzenegger, No.07-1854. Plaintiffs are ordered to file a notice of ruling with the Court within 30 days of the Ninth Circuit's decision. (bp) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
79

NOTICE of Change of Attorney Information for attorney Sandra Isabel Barrientos counsel for Defendants Dale E. Bonner, J. A. Farrow, Sunne Wright McPeak. Theodore Zinger will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Defendants Dale Bonner, Sunne Wright McPeak, Joseph A. Farrow (Barrientos, Sandra) (Entered: 01/28/2009)

Jan. 28, 2009 PACER
80

NOTICE of CHANGE IN FIRM NAME filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Estuar, Paul) (Entered: 08/27/2010)

Aug. 27, 2010 PACER
81

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 80 . The following error(s) was found: Incorrect event selected. The correct event is: Notice: change of address (also includes change of firm name). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 08/30/2010)

Aug. 30, 2010 PACER
82

NOTICE of Change of address by Glen E Tucker attorney for Defendant City of Signal Hill. Changing attorneys address to 18881 Von Karman Avenue, Suite 1700, Irvine CA 92612. Filed by Defendant City of Signal Hill. (Tucker, Glen) (Entered: 03/08/2011)

March 8, 2011 PACER
83

MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero. The Court sets a Status Conference on July 18, 2011 at 10:00 a.m. (sch) (Entered: 06/07/2011)

June 7, 2011 PACER
84

MINUTE ORDER IN CHAMBERS by Judge S. James Otero:The Court Orders the Stay vacated. The Court sets a Status Conference on Monday, August 29, 2011 8:30 a.m.The parties shall file a joint status report by August 15, 2011. (lc) Modified on 7/21/2011 (lc). (Entered: 07/21/2011)

July 18, 2011 PACER
85

STATUS REPORT JOINTLY filed by Defendants Dale E. Bonner, City of Los Angeles, City of Signal Hill, J. A. Farrow, Sunne Wright McPeak, Plaintiff Armando Miranda. (Barrientos, Sandra) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
86

NOTICE OF ERRATA filed by Defendants Dale E. Bonner, City of Los Angeles, City of Signal Hill, J. A. Farrow, Sunne Wright McPeak, Plaintiff Armando Miranda. correcting Status Report 85 (Barrientos, Sandra) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
87

MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero. The Court continues the Status Conference to Monday, September 26, 2011 at 8:30 a.m. The parties shall file a joint report by September 14, 2011. (sch) (Entered: 08/26/2011)

Aug. 26, 2011 PACER
88

STATUS REPORT JOINTLY filed by Defendants Dale E. Bonner, City of Los Angeles, City of Signal Hill, J. A. Farrow, Sunne Wright McPeak, Plaintiff Armando Miranda. (Barrientos, Sandra) (Entered: 09/14/2011)

Sept. 14, 2011 PACER
89

MINUTES: STATUS CONFERENCE: Matter is held for hearing. The Court advises counsel to determine the issues that are still remaining before the Court.Court and Counsel confer. The Court advises counsel to re-visit the issue of class certification. The Court advises counsel to re-define the class and submit a new definition. Plaintiff shall re-file a new motion for class certification due on or before October 17, 2011. The Opposition is due on or before November 7, 2011. The reply is due on or before November 14, 2011. The hearing for the motion is to be set for December 5, 2011 at 10:00 a.m. The Ex Parte Application for Order for Allowing Defendants to File a Separate Reply to Plaintiffs Opposition to State Defendants Motion for Summary Judgment 64 filed by defendants on 09/04/08 is GRANTED by Judge S. James Otero Court Reporter: Margarita Lopez. (ir) (Entered: 10/04/2011)

Sept. 26, 2011 PACER
90

AMENDED MINUTES{89} RE STATUS CONFERENCE held before Judge S. James Otero: The Court advises counsel to determine the issues that are still remaining before the Court. Court and Counsel confer. The Court re-visits the issue of class certification. The Court STRIKES the following pending motions, Plaintiffs Motion for Class Certification 14 and Plaintiffs Motion for Class Certification - Damages class 49 . Plaintiff shall re-file a new motion for class certification due on or before October 17, 2011. The Opposition is due on or before November 7, 2011. The reply is due on or before November 14, 2011. The hearing for the motion is to be set for December 5, 2011 at 10:00 a.m. The Ex Parte Application for Order for Allowing Defendants to File a Separate Reply to Plaintiffs Opposition to State Defendants Motion for Summary Judgment 64 filed by defendants on 09/04/08 is GRANTED. (lc) (Entered: 10/07/2011)

Sept. 26, 2011 PACER
91

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. Motion set for hearing on 12/5/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 10/17/2011)

1 Proposed Order

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Oct. 17, 2011 PACER
92

DECLARATION of Barrett S. Litt In Support Of MOTION to Certify Class 91 filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Attachments: # 1 Exhibit Barry Litt CV)(Litt, Barrett) (Entered: 10/17/2011)

1 Exhibit Barry Litt CV

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Oct. 17, 2011 PACER
93

DECLARATION of Robert Mann In Support Of MOTION to Certify Class 91 filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Litt, Barrett) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
94

DECLARATION of Paul J. Estuar In Support Of MOTION to Certify Class 91 filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28, # 7 Exhibit 29, # 8 Exhibit 30, # 9 Exhibit 133, # 10 Exhibit 140, # 11 Exhibit 141, # 12 Exhibit 142, # 13 Exhibit 143, # 14 Exhibit 148, # 15 Exhibit 149, # 16 Exhibit 150, # 17 Exhibit 153, # 18 Exhibit 154, # 19 Exhibit 155, # 20 Exhibit 159, # 21 Exhibit 167, # 22 Exhibit 168, # 23 Exhibit 178, # 24 Exhibit 179, # 25 Exhibit 190, # 26 Exhibit 318)(Litt, Barrett) (Entered: 10/17/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 25

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4 Exhibit 26

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5 Exhibit 27

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6 Exhibit 28

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7 Exhibit 29

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8 Exhibit 30

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9 Exhibit 133

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10 Exhibit 140

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11 Exhibit 141

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12 Exhibit 142

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13 Exhibit 143

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14 Exhibit 148

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15 Exhibit 149

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16 Exhibit 150

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17 Exhibit 153

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18 Exhibit 154

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19 Exhibit 155

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20 Exhibit 159

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21 Exhibit 167

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22 Exhibit 168

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23 Exhibit 178

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24 Exhibit 179

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25 Exhibit 190

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26 Exhibit 318

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Oct. 17, 2011 PACER
95

NOTICE OF MOTION AND MOTION for Leave to file Third Amended Class Action Complaint for Damages and Injunctive Relief Plaintiffs Notice of Motion for Leave to File Third Amended Class Complaint for Damages and Injunctive Relief; Memorandum of Points and Authorities; Proposed Third Amended Complaint filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. Motion set for hearing on 12/5/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order Granting Leave to File Third Amended Class Action Complaint)(Cook, Donald) (Entered: 10/17/2011)

1 Proposed Order Granting Leave to File Third Amended Class Action Complaint

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Oct. 17, 2011 PACER
96

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Robert Mann Declaration (Motion related) 93 . The following error(s) was found: Refiling of declaration filed Previously on 8/24/2007 in another case CV 07-1854 SJO. Should have Formal Title page and identification as to what this document is... In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 10/18/2011)

Oct. 18, 2011 PACER

State / Territory: California

Case Type(s):

Policing

Key Dates

Filing Date: May 14, 2008

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are private citizens in the state of California who had their vehicles impounded under the California Vehicle Code §14602.6.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Commissioner of the California Highway Patrol, State

Secretary of the State of California's Business, Transportation and Housing Agency , State

City of Los Angeles (Los Angeles, CA ), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

Affected Gender:

Female

Male