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Calguns Foundation - Lu v. Baca (2012, Complaint)

Calguns Foundation - Lu v. Baca (2012, Complaint)

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Published by Christopher Baker
Calguns Foundation - Lu v. Baca (2012, Complaint)
Calguns Foundation - Lu v. Baca (2012, Complaint)

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Published by: Christopher Baker on Mar 10, 2012
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03/10/2012

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1
Jason
A.
Davis (Calif.
Bar
No
.224250)Davis
&
Associates2 30021 Tomas Street, Suite 300RanchoSantaMargarita,
CA
92688Tel 949.310.0817/Fax 949.288.68944 E-Mail: Jason@CaiGunLawyers.com
5
AttorneysforPlaintiffs and Petitioners,Jennifer Lynn Lu,
et al.
6
7
8
9
SUPERIORCOURT
OF
CALIFORNIACOUNTY
OF
LOS
ANGELES
JENNIFERLYNN
LU
,
SEAN
ALLEN
LU
,
10
ROYTORIVIO
VARGAS,and THE
11
CALGUNS FOUNDATION,INC,
12
13
Plaintiffs and Petitioners,vs.
14
COUNTY OF LOS ANGELES, LOS
ANGELES
COUNTY
SHERIFF'S
15 DEPARTMENT,LEROY B. BACA,
in
hisindividualcapacity andofficial capacity, and 16 DOES 1through10,inclusive,
17
DefendantsandRespondents)
Case
No.:
)
)
VERIFIED COMPLAINT
AND
PETITION
)
FOR
WRITOF
MANDATE AND
)
REQUESTFORDECLARATORY
)
RELIEF
)
)[Cal.
Gov'tCode§§
6258, 6259;
Cal.
Civ.)
Proc.
Code
§§
526a, 1085;
Cal.Const.
Art.
I) § 3
et.
seq.]; 42 U.S.C. §1983
&
§1988.]
)
))
)
)
)
)
18
19
20
21
22
23
24
25
26
27
28
__
__________
__
__________________
)
-I-
VERJFLED
COMPLAINT
AND
PETITION
FOR
WRITOFMANDATE AND
DEC
RELIEF
 
1
2
1.
INTRODUCTION
This
is
a suit to require the County
of
Los Angeles, the Los AngelesCountySheriff's3 Department, and Sheriff Leroy B.
Baca
toexercisetheir duty to determine whether applicantsfor 4 licenses to carry firearms are
of
good moral character, are residents
of
the county, and have good cause5 forthe
licenses-
asrequiredby Penal
Code§§
17020and 26150-26225, inclusive.
6 JURISDICTION
AND
VENUE
7
2.
This Court has jurisdiction under Code
of
Civil Procedure
§§
525, 526, 526a, 1060, and8 1085, and Article
VI
section10
of
he California Constitution.Plaintiffs lack a"plain, speedy,and 9 adequateremedy
in
the ordinary course
oflaw."
(Cal.Code
ofCiv.
Proc.§1986.) Venue is proper
in
10 this Court:
The
acts and omissions complained
of
herein occurred in this County. (Cal. Code
of
Civ
.1
1
Pro. § 393.)
12
PARTIES
1
3 PLAINTIFFS
14
3. JENNIFER LYNN LU
is an
individual and a resident
of
the
County
of
Los Angeles,15 California. Specifically, she is a resident
ofthe
City
of
San Gabriel, which wasincorporated
in
1913.
16
The City
of
San
Gabriel does not contract with the
Los
Angeles Sheriff's Department for police services.
17
Plaintiff
is
informedand believes that the City
of
San Gabriel does not issue licenses to carry handguns
18
to civilians.She has,within the past year, paid taxes to the County
of
Los Angeles and/or for its benefit.
19
In
addition
to
having standing as a citizen and taxpayer, she seeks a license
to
carry firearms pursuant to
20
Penal Code §26150
et seq.
from the Los Angeles County Sheriff's Department.
21
4.
SEANALLEN
LUis
an
individualand a resident
of
the County
of
Los Angeles,
22
California. Specifically,
he
is
a resident
of
the
City
of
San Gabriel,
which was
incorporated
in
1913.23 The City
of
SanGabrieldoesnotcontractwith the Los Angeles Sheriff's Department for policeservices.
24
Plaintiffisinformed andbelievesthat theCity
of
San
Gabriel does
not
issue licenses to carry handguns
25
to civilians.
He
has, within the
past
year, paid taxes to the County
of
Los Angeles and/or for its benefit.
26
In addition
to
having standing as a citizen and taxpayer, he seeks a license
to
carry firearms pursuant
to
27
Penal Code §26150
et
seq.
from the Los Angeles County Sheriff's Department.
28
5.
ROY TORIVIO VARGAS is
an
individual
and
aresident
of
theCounty
of
Los
Angeles,
-2-
VERIFIED COMPLAINT AND PETITION
FOR
WRIT
OF
MANDATE AND DEC RELIEF
 
1 California.Specifically,he isa resident
of
theCity
of
Monterey Park, which was incorporated in1916.2 The City
of
Monterey
Park
does
not
contract with the Los Angeles Sheriff's Department for police3 services. Plaintiff isinformed andbelieves that the City
of
Monterey Park doesnot issue licensesto4 carryhandgunsto civilians.
He
has, within thepastyear,paidtaxesto the County
of
Los Angeles5 and/orforits benefit.Inadditionto having standing as a citizen and taxpayer, he seeks alicenseto carry 6 firearms pursuant to Penal Code §26150
et seq.
from the Los Angeles County Sheriff's Department.
7
6.
THE CALGUNS FOUNDATION, INC. ("CALGUNS") is a California nonprofit public8 benefit corporation incorporated and with itsheadquarters
in
San Carlos, California. Calguns is9dedicatedto,
inter alia,
defendingand protectingthecivil rightsoflaw-abidingCaliforniagunowners.
10
CALGUNSbringsthis action
on
behalf
of
its supporters, including the individual Plaintiffs, who possess
11
alltheindicia
of
membership.
12
7.
Collectively,JENNIFER LYNN LU, SEAN ALLEN LU, ROYTORIVIO VARGAS, and13 CALGUNS are referred to herein as "Plaintiffs."
14 DEFENDANTS
15
8. COUNTY
OF
LOS ANGELES ("LOS ANGELES") is an entity duly formed under the
16
laws
of
California. LOS ANGELES is apoliticalsubdivision
of
Ca
liforniaas defined
in
§
1721
of
the
17
Labor Code.LOSANGELES is both a licensing authority with regard to carrylicensesissued pursuant 18
to
PenalCode §26150
et seq,
and anentitywhich is statutorily obligated, by and through their Sheriff, to 19exercise proper discretionandindividual review
of
applications forlicensesto
catTy
under California
20
law.
21
9.LOSANGELES COUNTY SHERIFF'S DEPARTMENT ("LASD") is both a licensing
22
authority with regardtocarry licenses issued pursuant to Penal Code §26150
et
seq,
and
an
entityduly
23
formedbyLOS ANGELES underthelaws
of
California,which enforces the laws within LOS
24
ANGELES.LASD
is
an entity which isstatutorilyobligated, by and through their Sheriff, toexercise
25
proper discretion and individualreview
of
applications forlicensesto carry under California law.
26
10.LEROY B.
BACA
("BACA")isthe Sheriff for LOS ANGELES, and as such, he is
27
responsible for formulating,executing,and administering the LOS ANGELES laws, customs,practices,
28
and policiesat issueinthislawsuit; has enforced the challenged laws, customs, and practices against
-
3-
VERIFIED
COMPLAINT
AND
PETITION
FOR
WRIT
OF
MANDATE
AND
DEC
RELIEF

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