On 03/10/2020 HONG GAN filed a Contract - Professional Negligence lawsuit against USPS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
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03/10/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
GAN HONG
USPS
11/5/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order re Further Complaint and Motion t...) of 11/05/2020
11/5/2020: Minute Order - Minute Order (Hearing on Motion for Order re Further Complaint and Motion t...)
7/13/2020: Motion re: (name extension) - Motion re: motion
7/24/2020: Motion re: (name extension) - Motion re: Assignment of a Different Judge
7/28/2020: Minute Order - Minute Order (Court Order)
7/28/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/28/2020
4/10/2020: Proof of Personal Service - Proof of Personal Service
3/10/2020: Summons - Summons on Complaint
3/10/2020: Complaint - Complaint
3/10/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
3/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
3/10/2020: First Amended Standing Order - First Amended Standing Order
3/10/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
Hearing03/14/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing09/07/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion re: motion: Filed By: Hong Gan (Plaintiff); Result: Denied; Result Date: 11/05/2020
DocketMinute Order (Hearing on Motion for Order re Further Complaint and Motion t...)
DocketCertificate of Mailing for (Hearing on Motion for Order re Further Complaint and Motion t...) of 11/05/2020; Filed by: Clerk
DocketHearing on Motion for Order re Further Complaint and Motion to Proceed to the Judgment and Declaration scheduled for 11/05/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/05/2020; Result Type to Held
DocketHearing on Motion for Order re Further Complaint and Motion to Proceed to the Judgment and Declaration scheduled for 11/05/2020 at 10:00 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 07/28/2020; Filed by: Clerk
DocketMotion re: Assignment of a Different Judge; Filed by: Hong Gan (Plaintiff)
DocketComplaint; Filed by: Hong Gan (Plaintiff); As to: USPS (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/14/2023 at 08:30 AM in Spring Street Courthouse at Department 26
DocketRequest to Waive Court Fees; Filed by: Hong Gan (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Hong Gan (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Hong Gan (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketNon-Jury Trial scheduled for 09/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26
Case Number: 20STLC02306 Hearing Date: November 05, 2020 Dept: 26
Gan v. USPS, et al. MOTION FOR
JUDGMENT TENTATIVE RULING: Plaintiff Hong Gan’s Motion for
Further Complaint and to Proceed to Judgment is DENIED. ANALYSIS: Plaintiff Hong Gan (“Plaintiff”) filed the instant action against
Defendant United States Postal Service (“Defendant”) on March 10, 2020. Plaintiff
also filed proof of personal service on April 10, 2020. On July 13, 2020,
Plaintiff filed the instant Motion for Further Complaint and Proceed to the
Judgment. To date, no opposition has been filed. Discussion The Motion is procedurally
defective in a number of respects. First, no proof of service of the Motion or
Notice of Hearing has been filed. The Court set the hearing on the Motion by
minute order on July 28, 2020 and ordered Plaintiff to give notice. (Minute
Order, 7/28/20; Certificate of Mailing.) Failure to give notice of a motion is
not only a violation of the statutory requirements but of due process. (Code
Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The
Court cannot grant relief without proper notice of the Motion to Defendant. Additionally, the Motion is based
on any legal authority. “The memorandum must contain a statement of facts, a
concise statement of the law, evidence and arguments relied on, and a
discussion of the statutes, cases, and textbooks cited in support of the
position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).) Unless
Plaintiff demonstrates the authority or grounds for relief, the Motion cannot
be granted. Finally, to the extent Plaintiff
asks for judgment against Defendant based on failure respond to the Complaint,
the procedure under Code of Civil Procedure section 585 must be followed. Conclusion Plaintiff Hong Gan’s Motion for
Further Complaint and to Proceed to Judgment is DENIED. Court clerk to give notice.