This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 08:24:09 (UTC).

BILLY RAY GALLION VS MARK G. RINGO, ET AL.,

Case Summary

On 02/22/2017 BILLY RAY GALLION filed a Property - Wrongful Eviction lawsuit against MARK G RINGO, . This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7112

  • Filing Date:

    02/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Wrongful Eviction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiff

GALLION BILLY RAY

Defendants

RINGO MARK G.

FIFTEEN ZERO EIGHT TWELFTH STREET HOMEOWN

RESNIK DAVID

ZYGOTE LLC

LIWNICZ REGINA

LIWNICZ SARAH

BLN PROPERTY MANAGEMENT INC.

MARK G. RINGO TRUST

Attorney/Law Firm Details

Plaintiff Attorneys

WEINSTEIN ZEV Y.

MILLER DELANEY

Defendant Attorneys

HASHEMI BABAK

GIBBS GIDEN LOCHER TURNER SENET & WITTBRO

LUSSIER KEVIN R.

CARPENTER GREGORY J.

HASHEMI BABAK ESQ.

HOOK CHRISTOPHER GEORGE

HANGER STEINBERG SHAPIRO & ASH

 

Court Documents

Complaint

2/22/2017: Complaint

Answer

4/28/2017: Answer

Unknown

5/31/2017: Unknown

Case Management Statement

6/21/2017: Case Management Statement

Unknown

6/22/2017: Unknown

Unknown

7/5/2017: Unknown

Case Management Statement

10/18/2017: Case Management Statement

Minute Order

11/2/2017: Minute Order

Demand for Jury Trial

11/7/2017: Demand for Jury Trial

Unknown

11/30/2017: Unknown

Answer

11/30/2017: Answer

Minute Order

2/21/2018: Minute Order

Minute Order

8/21/2018: Minute Order

Unknown

8/22/2018: Unknown

Unknown

11/21/2018: Unknown

Motion for Summary Judgment

5/7/2019: Motion for Summary Judgment

Minute Order

5/9/2019: Minute Order

Case Management Statement

5/23/2019: Case Management Statement

72 More Documents Available

 

Docket Entries

  • 06/04/2019
  • at 08:30 AM in Department P; Hearing on Motion to Compel (Motion to Compel Independent Medical Examination) - Held - Motion Granted

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  • 06/04/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 06/04/2019
  • Minute Order ( (Case Management Conference; Hearing on Defendants Regina Liwn...)); Filed by Clerk

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  • 05/28/2019
  • Status Report (Joint Status Report); Filed by BILLY RAY GALLION (Plaintiff)

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  • 05/23/2019
  • Case Management Statement; Filed by DAVID RESNIK (Defendant)

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  • 05/22/2019
  • at 08:30 AM in Department P; Hearing on Motion to Compel (Motion to Compel Independent Medical Examination) - Not Held - Continued - Party's Motion

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  • 05/10/2019
  • Notice of Ruling; Filed by REGINA LIWNICZ (Defendant); SARAH LIWNICZ (Defendant)

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  • 05/09/2019
  • at 08:30 AM in Department P; Hearing on Ex Parte Application (FOR AN ORDER CONTINUING THE HEARING ON DEFENDANTS REGINA LIWNICZ AND SARAH LIWNICZ?S MOTION TO COMPEL PLAINTIFF TO SUBMIT TO PAINFULL AND INTRUSIVE PHSYCIAL TESTING AND EXAMINATION) - Held

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  • 05/09/2019
  • at 08:30 AM in Department P; Hearing on Ex Parte Application (FOR AN ORDER SPECIALLY SETTING DEFENDANT?S MOTION FOR SUMMARY JUDGMENT) - Held

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  • 05/09/2019
  • at 08:30 AM in Department P; Hearing on Ex Parte Application (FOR AN ORDER SPECIALLY SETTING DEFENDANT?S MOTION FOR SUMMARY JUDGMENT) - Held

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142 More Docket Entries
  • 04/19/2017
  • Proof-Service/Summons; Filed by BILLY RAY GALLION (Plaintiff)

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  • 04/19/2017
  • Proof-Service/Summons; Filed by BILLY RAY GALLION (Plaintiff)

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  • 04/19/2017
  • Proof-Service/Summons; Filed by BILLY RAY GALLION (Plaintiff)

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  • 04/19/2017
  • Proof-Service/Summons; Filed by BILLY RAY GALLION (Plaintiff)

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  • 04/19/2017
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 02/22/2017
  • Complaint Filed

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  • 02/22/2017
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 02/22/2017
  • Summons; Filed by Plaintiff

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  • 02/22/2017
  • Complaint; Filed by BILLY RAY GALLION (Plaintiff)

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  • 02/22/2017
  • Civil Case Cover Sheet

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Tentative Rulings

Case Number: SC127112    Hearing Date: December 13, 2019    Dept: P

 

Los Angeles County Superior Court, Dept. P

TENTATIVE RULING

Billy Ray Gallion v. Mark G. Ringo et al., Case No., SC127112

Liwnicz Defendants’ Motion for Summary Judgment

Hearing Date: December 13, 2019

Plaintiff alleges water leaked from defendants Sarah and Regina Liwnicz’s condominium unit into his unit, causing damage. The Liwnicz defendants move for summary judgment, alleging the leaks did not originate in their unit. Summary judgment was continued from 10/4/19 based on plaintiff’s inability to conduct discovery to oppose the motion.

Evidentiary Objections: All objections OVERRULED.

Defendants argue plaintiff cannot prove the leaks originated in their unit and present testimony of the unit’s current and former residents and records of a plumbing company that inspected the unit. Motion at pgs. 7-9. As this negates causation, defendants meet their initial burden on summary judgment. The burden shifts to plaintiff to show a disputed issue of fact as to causation.

Plaintiff states he still has been unable to perform a full inspection of defendants’ unit and has not deposed the plumbing technician who performed the inspection for defendants. Supplemental Opposition at pgs. 8-9. The court previously granted plaintiff a continuance to conduct such discovery.

Plaintiff presents a declaration from expert witness Jeff Hughes, a construction manager who examined the units and opines that some of the water intrusion originated from defendants’ unit. Hughes Declaration at ¶5. The declaration has a proper foundation and is admissible. Hughes’ opinion creates a triable issue of fact as to the water’s origin. Motion DENIED.