The LA Superior Court entered a formal denial of the order because Cook's activities were protected under the First Amendment.
Cook alleges that the restraining order claim was frivolous and caused lost work time, emotional distress, and damage to his business reputation.
The suit was served on Lozano on October 1, 2014 outside City Hall. When Lozano realized that the envelope was stuffed with papers suing him, he dropped it and left it on the floor. The City Manager, the City Attorney, and the Clerk all came to his rescue as if he had been shot.
Because small claims court does not allow for attorneys to represent the defendant, Lozano must show up himself to defend himself. Otherwise, he faces automatically losing.
When asked why Cook is doing this, he stated, "I want to show the world that no one has to put up with bullying, even government bullying. The Mayor's misconduct was criminal in nature and therefore, he has to be held personally accountable for it. This is the United States of America, not a third world country. We have the Constitution. We have rights."
The City Officials and City Attorney were outraged that the lawsuit has been filed against the Mayor personally.