This case was last updated from Los Angeles County Superior Courts on 11/07/2020 at 02:28:13 (UTC).

HONG GAN VS USPS

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2306

  • Filing Date:

    03/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Professional Negligence

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GAN HONG

Defendant

USPS

 

Court Documents

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: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order re Further Complaint and Motion t...) of 11/05/2020

Minute Order - Minute Order (Hearing on Motion for Order re Further Complaint and Motion t...)

11/5/2020: Minute Order - Minute Order (Hearing on Motion for Order re Further Complaint and Motion t...)

Motion re: (name extension) - Motion re: motion

7/13/2020: Motion re: (name extension) - Motion re: motion

Motion re: (name extension) - Motion re: Assignment of a Different Judge

7/24/2020: Motion re: (name extension) - Motion re: Assignment of a Different Judge

Minute Order - Minute Order (Court Order)

7/28/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/28/2020

7/28/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/28/2020

Proof of Personal Service - Proof of Personal Service

4/10/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

3/10/2020: Summons - Summons on Complaint

Complaint - Complaint

3/10/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/10/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/10/2020: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3/10/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1 More Documents Available

 

Docket Entries

  • 03/14/2023
  • 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

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  • 09/07/2021
  • Hearing09/07/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/05/2020
  • DocketUpdated -- Motion re: motion: Filed By: Hong Gan (Plaintiff); Result: Denied; Result Date: 11/05/2020

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  • 11/05/2020
  • DocketMinute Order (Hearing on Motion for Order re Further Complaint and Motion t...)

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  • 11/05/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Order re Further Complaint and Motion t...) of 11/05/2020; Filed by: Clerk

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  • 11/05/2020
  • 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

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  • 07/28/2020
  • 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

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  • 07/28/2020
  • DocketMinute Order (Court Order)

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  • 07/28/2020
  • DocketCertificate of Mailing for (Court Order) of 07/28/2020; Filed by: Clerk

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  • 07/24/2020
  • DocketMotion re: Assignment of a Different Judge; Filed by: Hong Gan (Plaintiff)

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2 More Docket Entries
  • 03/10/2020
  • DocketComplaint; Filed by: Hong Gan (Plaintiff); As to: USPS (Defendant)

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  • 03/10/2020
  • 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

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  • 03/10/2020
  • DocketRequest to Waive Court Fees; Filed by: Hong Gan (Plaintiff)

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  • 03/10/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Hong Gan (Plaintiff)

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  • 03/10/2020
  • DocketCivil Case Cover Sheet; Filed by: Hong Gan (Plaintiff)

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  • 03/10/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/10/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/10/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/10/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 03/10/2020
  • DocketNon-Jury Trial scheduled for 09/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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Tentative Rulings

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.