Friday, March 4, 2016

Local Business Owner Defeats Mayor Lozano and Council Member's Temporary Restraining Order

Mayor Manuel Lozano Sued in Small Claims
(Copyright of the San Gabriel Valley Tribune)
Local business owner and activist, Greg Tuttle, defeated Mayor Manuel Lozano and Council Member Raquel Monica Garcia of Baldwin Park, both of whom sought emergency temporary restraining orders (TROs) against him.

Lozano sought the emergency restraining order because he said that when Tuttle drove by his house with signs for "Vote for Baca" in his truck, it was like a "drive-by" feeling for him. (Drive bys, are where gang members drive by your house and then discharge shots at you.) Lozano also found that Mr. Tuttle's statements were hostile because Tuttle said he was going to "'expose' Councilman Pacheco."

Raquel Monica Garcia on the left.
(Copyright of the San Gabriel Valley Tribune)
Because of all this, Lozano claimed his life was in danger and that he was entitled to a free The Mayor of Baldwin Park Files a Restraining Order Against Me
filing fee on taxpayer money. (This is the second meritless TRO that Lozano filed against a citizen of his city.)

Raquel Garcia, also known as "Monica" Garcia said her life was threatened because Tuttle has called her a "political prostitute" and "Honey". Without any evidence, she claims that he posted comments about her on an anonymous speech forum, called According to her, even though she has no proof, Tuttle allegedly stated that Monica has "sex with [her] dog . . ." and that she opens her legs.

Tuttle denied making any such allegations.

The attorney on record was Jimmy Gutierrez. Gutierrez only sought the temporary restraining orders after Tuttle asked for a judge to hear his case against Pacheco, instead of a commissioner.

Afterwards, Gutierrez served Tuttle a few hours before with the new restraining order, hoping that he could get two more restraining orders to punish Tuttle for fighting the original restraining order, issued against him by Pacheco. Gutierrez was hoping it'd be heard without a hearing in the commissioner's chamber, resulting in two more automatic TROs. This would have resulted in three TROs against Tuttle.

Tuttle countered though. Although Gutierrez didn't give him the case numbers of the new TRO applications, (which one needs to file a disqualification motion), his attorney went to the filing window and found out what they were. (Cook believes that Gutierrez was purposely not giving the numbers, so that he could get two more TROs heard without a hearing.) So, Cook made two more motions to make sure a judge heard the two TRO applications, blocking the commissioner hearing it in chambers.

The court assigned the cases to Judge Blade in Department A. Judge Blade ruled that although Tuttle's emergency order to reopen the case against him by Pacheco was denied, he also denied Lozano and Garcia's TROs against him, stating there was insufficient evidence to issue them. Furthermore, the court stated that a hearing for all three TROs would be heard in Department A on March 15th, 2016.

The court ordered that everyone served with a subpoena as a witness had to appear. Councilwoman Raquel Moncia Garcia, Councilman Ricardo Pacheco, Lenet Pacheco, Chief Michael Taylor, and Waste Management Consultant refused to appear in court today, even though they were ordered by subpoenas to do so.

Teri Muse's lawyer appeared shocked that the judge stated that she had to appear for the March 15 hearing. Muse's lawyer threatened Cook at one point with sanctions if he didn't withdraw the subpoena. Cook told him: "Do what you gotta do."

Gutierrez claimed that nobody had to appear because they were improperly served because papers were just left for them at the City Council Chambers. John Rios, the one who served them, said he served all parties properly at the City Council Meeting.

One witness, who no longer works for Baldwin Park, did appear, and that was the Chief of Police of El Monte: David Reynoso. Cook, the attorney for Tuttle, told the judge, "If a Chief of Police could appear, the other witnesses could also appear." The court agreed and stated, "If subpoenas are issued, they have to come."

Tuttle found it puzzling that two council members and the Mayor are alleging they're in fear of their lives and need an emergency restraining order from the court but won't even bother to show up to testify against him.

When asked about today, Tuttle said, "This is what they [The Council Members and Mayor] do when you speak out against them. They bully you. But I showed them, I'm not going to take it."

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