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 Other.
Case Details
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Case Number:
*******2306
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Filing Date:
03/10/2020
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Case Status:
Other
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Courthouse:
Spring Street Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
SERENA R. MURILLO
Party Details
Plaintiff
GAN HONG
Defendant
USPS
Court Documents
2/8/2021: Request for Dismissal - Request for Dismissal
8/9/2021: Certificate of Mailing for - Certificate of Mailing for [Notice of Rejection - Pleadings], First Amended Complaint (Proposed)
8/9/2021: Certificate of Mailing for - Certificate of Mailing for [Notice of Rejection - Pleadings]
8/9/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings
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)
Docket Entries
- 08/09/2021
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DocketNotice of Rejection - Pleadings; Issued and Filed by: Clerk
- 08/09/2021
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DocketCertificate of Mailing for [Notice of Rejection - Pleadings]; Issued and Filed by: Clerk
- 08/09/2021
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DocketUpdated -- Certificate of Mailing for [Notice of Rejection - Pleadings] First Amended Complaint: Name Extension changed from [Notice of Rejection - Pleadings] to [Notice of Rejection - Pleadings] First Amended Complaint; As To Parties: removed
- 08/09/2021
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DocketUpdated -- Notice of Rejection - Pleadings (First Amended Complaint): Name Extension: (First Amended Complaint); As To Parties: removed
- 08/09/2021
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DocketUpdated -- Certificate of Mailing for [Notice of Rejection - Pleadings] First Amended Complaint (Proposed)*: Name Extension changed from [Notice of Rejection - Pleadings] First Amended Complaint to [Notice of Rejection - Pleadings] First Amended Complaint (Proposed)*; As To Parties: removed
- 08/09/2021
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DocketCertificate of Mailing for [Notice of Rejection - Pleadings], First Amended Complaint (Proposed); Issued and Filed by: Clerk
- 08/09/2021
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DocketAddress for Hong Gan (Plaintiff) updated
- 08/09/2021
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DocketAddress for Hong Gan (Plaintiff) updated
- 08/09/2021
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DocketAddress for Hong Gan (Plaintiff) updated
- 08/09/2021
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DocketAddress for Hong Gan (Plaintiff) updated
- 03/10/2020
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DocketComplaint; Filed by: Hong Gan (Plaintiff); As to: USPS (Defendant)
- 03/10/2020
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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
- 03/10/2020
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DocketRequest to Waive Court Fees; Filed by: Hong Gan (Plaintiff)
- 03/10/2020
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DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Hong Gan (Plaintiff)
- 03/10/2020
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DocketCivil Case Cover Sheet; Filed by: Hong Gan (Plaintiff)
- 03/10/2020
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DocketSummons on Complaint; Issued and Filed by: Clerk
- 03/10/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 03/10/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
- 03/10/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
- 03/10/2020
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DocketNon-Jury Trial scheduled for 09/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26
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.
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