Baker
(PS) Lucero v. Baker
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOLORES LUCERO, Case No. 2:24-cv-2855-DC-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS STEPHEN H. BAKER, Defendant. 16 Plaintiff Dolores Lucero brings this civil rights action against defendant Judge Stephen H. Baker. In the complaint, plaintiff alleges that defendant violated her constitutional rights while he presided over her small claims trial. Defendant has absolute immunity from plaintiff’s claims; thus, I recommend that this action be dismissed without leave to amend. Allegations On June 17, 2024, plaintiff filed a small claims action in Shasta County Superior Court. ECF No. 1 at 2. She was awarded $190.66, and the defendant, on a crossclaim, was awarded $1,019.77. Id. Plaintiff appealed the decision and asked to have a trial heard de novo. Id. Prior to trial, plaintiff moved to change venue and to amend the complaint, but defendant Baker, who presided over the trial,…