LULAC v Garcia - What the Parties Seek The Editor: In the lawsuit that LULAC filed against Domingo

Garcia, LULAC is asking the court for a declaratory judgment that: "Domingo Garcia is not eligible to serve as National President of LULAC for the reasons stated." In its counter-claim by Domingo Garcia against LULAC, Domingo Garcia wants a declaratory judgment from the court that: 1. Garcia and Council 102 are Members in good standing in LULAC and as a Member in good standing in LULAC Garcia may run for the office of National President for the calendar year 2014. The election takes place at the National Convention on e 17-22, 2013. 2. Garcia seeks a declaration from the Honorable Court that Garcia has been a Member of a Local or Young Adult Council for at least three consecutive years. 3. Garcia seeks a Declaration that LULAC has always accepted dues after the designated due date and Garcia's Council paid said dues for the years 2010, 2011, and 2012 without question. These are the requests to the court from each side. A request for a declaratory judgment is a request that the court examine the evidence presented by each side, consider the testimony of witnesses from each side and make decisions.

LULAC did not ask for any injunctive relief prior to the trial of the case. Domingo Garcia did, requesting that the court grant him an ex parte temporary restraining order, followed by a temporary restraining order and concluding with a permanent injunction. The ex parte TRO, TRO and permanent injunction sought by Domingo Garcia is the same in the three instances: "...restrains Plaintiff [LULAC], its officers, agents, representatives and employees, and servants and all persons and entities in active concert or participation with it from preventing Garcia from running for national President of LULAC and failing to include Garcia's name on the ballot for National President of LULAC at the National Convention in June 2013." The ex parte TRO was granted on Friday, April 12, 2013. The court dissolved the ex parte TRO on Tuesday, 16, 2013. What Garcia is asking in his communique to the court is that a hearing date be set before May 24, 2013 to hear Garcia's motion for permanent injunction against LULAC. A full trial of the case would address the declaratory judgments that each side seeks. That full trial will occur at a separate date and at a later time. What Garcia wants the court to address by May 24 is an order that will enjoin LULAC from blocking Domingo Garcia's opportunity to run for office and to enjoin LULAC from not listing Domingo Garcia's name from the ballot for the office of National President of LULAC.