This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 04:23:20 (UTC).

KATHRYN GURLEY ET AL VS MARIO GANDELSONAS ET AL

Case Summary

On 05/30/2017 KATHRYN GURLEY filed a Personal Injury - Other Personal Injury lawsuit against MARIO GANDELSONAS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3217

  • Filing Date:

    05/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

AMY D. HOGUE

 

Party Details

Plaintiffs and Petitioners

GURLEY KATHRYN TAYLOR

GURLEY BENJAMIN III

GURLEY KATHRYN

GURLEY JAMES BENJAMIN III

Defendants and Respondents

GANDELSONAS MARIO

AGREST DIANA

DOES 1 TO 30

HOMEAWAY INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BAILEY PATRICK E. ESQ.

BAILEY PATRICK EVANS ESQ.

Defendant and Respondent Attorneys

MORGAN LEWIS & BOCKIUS LLP

SABAITIS FRANK THOMAS

YEE STEVEN ROBERT ESQ.

O'DONNELL ALYSSA D.

Other Attorneys

SABAITIS FRANK T. ESQ.

 

Court Documents

DEFENDANT HOMEAWAY.COM, INC.'S REPLY BRIEF IN SUPPORT OF MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS OR, IN THE ALTERNATIVE, STAY

1/30/2018: DEFENDANT HOMEAWAY.COM, INC.'S REPLY BRIEF IN SUPPORT OF MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS OR, IN THE ALTERNATIVE, STAY

Minute Order

2/16/2018: Minute Order

Unknown

5/21/2018: Unknown

PLAINTIFFS' NOTICE OF INITIAL DEPOSIT OF JURY FEES

5/22/2018: PLAINTIFFS' NOTICE OF INITIAL DEPOSIT OF JURY FEES

NOTICE OF CASE REASSIGNMENT

8/13/2018: NOTICE OF CASE REASSIGNMENT

Motion for Trial Preference

10/9/2018: Motion for Trial Preference

Other -

10/25/2018: Other -

Order

11/7/2018: Order

Unknown

11/7/2018: Unknown

Case Management Statement

12/12/2018: Case Management Statement

Case Management Statement

12/14/2018: Case Management Statement

Minute Order

1/17/2019: Minute Order

Notice

3/12/2019: Notice

Declaration

5/20/2019: Declaration

DECLARATION OF ALYSSA D. O'DONNELL IN SUPPORT OF DEFENDANT HOMEAWAY.COM, INC'S MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS OR, IN THE ALTERNATIVE, STAY

11/17/2017: DECLARATION OF ALYSSA D. O'DONNELL IN SUPPORT OF DEFENDANT HOMEAWAY.COM, INC'S MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS OR, IN THE ALTERNATIVE, STAY

PROOF OF SERVICE FOR DEFENDANT HOMEAWAY.COM, INC'S MOTION TO COMPEL ARHITRATION AND DISMISS CLAIMS OR, IN THE ALTERNATIVE STAY

11/17/2017: PROOF OF SERVICE FOR DEFENDANT HOMEAWAY.COM, INC'S MOTION TO COMPEL ARHITRATION AND DISMISS CLAIMS OR, IN THE ALTERNATIVE STAY

ANSWER TO PLAINTIFFS' COMPLAINT OF MARIO GANDELSONAS AND DIANE AGREST

10/11/2017: ANSWER TO PLAINTIFFS' COMPLAINT OF MARIO GANDELSONAS AND DIANE AGREST

PROOF OF SERVICE SUMMONS

6/20/2017: PROOF OF SERVICE SUMMONS

58 More Documents Available

 

Docket Entries

  • 06/06/2019
  • at 08:30 AM in Department 58; Hearing on Ex Parte Application (DEFENDANTS MARIO GANDELSONAS AND DIANA AGREST'S EX PARTE APPLICATION TO CONTINUE TRIAL AND FINAL STATUS CONFERENCE AND TO DEEM THE NEW TRIAL DATE AS THE INITIAL TRIAL DATE; DECLARATION OF FRANK T. SABAITIS)

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  • 06/05/2019
  • Response (to Defendants Ex Pate Application to Continue Trial); Filed by Kathryn Gurley (Plaintiff); James Benjamin Gurley, III (Plaintiff); Kathryn Taylor Gurley (Plaintiff)

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  • 06/03/2019
  • Notice (Defendant Homeaway.com, Inc.'s Notice of Errata Regarding Memorandum of Points and Authorities, Separate Statement of Undisputed Facts, and Declaration of Brittany Miers in Support of Motion for Summary Judgment); Filed by Homeaway, Inc (Defendant)

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  • 05/20/2019
  • Motion for Summary Judgment; Filed by Homeaway, Inc (Defendant)

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  • 05/20/2019
  • Declaration (of Brittany Miers in Support of Defendant Homeaway.Com, Inc.'s Motion for Summary Judgment); Filed by Homeaway, Inc (Defendant)

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  • 05/20/2019
  • Declaration (of Alyssa D. O'Donnell in Support of Defendant Homeaway.com, Inc.'s Motion for Summary Judgment); Filed by Homeaway, Inc (Defendant)

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  • 05/20/2019
  • Memorandum of Points & Authorities; Filed by Homeaway, Inc (Defendant)

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  • 05/20/2019
  • Separate Statement; Filed by Homeaway, Inc (Defendant)

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  • 05/20/2019
  • Proof of Service by Mail; Filed by Homeaway, Inc (Defendant)

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  • 05/14/2019
  • at 08:30 AM in Department 58; Status Conference - Held

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111 More Docket Entries
  • 10/03/2017
  • Answer; Filed by Mario Gandelsonas (Defendant); Diana Agrest (Defendant)

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  • 06/20/2017
  • Proof-Service/Summons; Filed by Kathryn Gurley (Plaintiff); James Benjamin Gurley, III (Plaintiff); Kathryn Taylor Gurley (Plaintiff)

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  • 06/20/2017
  • PROOF OF SERVICE SUMMONS

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  • 06/20/2017
  • Proof-Service/Summons; Filed by Kathryn Gurley (Plaintiff); James Benjamin Gurley, III (Plaintiff); Kathryn Taylor Gurley (Plaintiff)

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  • 06/20/2017
  • PROOF OF SERVICE SUMMONS

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  • 06/19/2017
  • Proof-Service/Summons; Filed by Kathryn Gurley (Plaintiff); James Benjamin Gurley, III (Plaintiff); Kathryn Taylor Gurley (Plaintiff)

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  • 06/19/2017
  • PROOF OF SERVICE SUMMONS

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  • 05/30/2017
  • SUMMONS

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  • 05/30/2017
  • Complaint; Filed by Kathryn Gurley (Plaintiff); James Benjamin Gurley, III (Plaintiff); Kathryn Taylor Gurley (Plaintiff)

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  • 05/30/2017
  • COMPLAINT FOR: (1) PREMISES LIABILITY; (2) NEGLIGENCE PER SE; ETC

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Tentative Rulings

Case Number: BC663217    Hearing Date: December 17, 2019    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: December 17, 2019

Case Name: Gurley, et al. v. Gandelsonas, et al.

Case No.: BC663217

Motion: Motion for Summary Judgment

Moving Party: Defendants Mario Gandelsonas and Diana Agrest

Opposing Party: Plaintiffs James Benjamin Gurley III, Kathryn Taylor Gurley, and Kathryn Gurley

Tentative Ruling: The Motion for Summary Judgment is denied.


This is an action in which Plaintiffs allege they were exposed to carbon monoxide in their rental home. On May 30, 2017, Plaintiffs filed the operative Complaint for (1) premises liability, (2) negligence per se, and (3) broker/manager negligence.

Defendants Mario Gandelsonas and Diana Agrest move for summary judgment, arguing that they cannot be liable for negligence or premises liability because they did not have actual or constructive notice of carbon monoxide exposure at the subject property prior to Plaintiffs’ stay. (See Ortega v. Kmar Corp. (2001) 26 Cal.4th 1200, 1206.)

However, there are triable issues as to whether Defendants had notice of carbon monoxide exposure and breached their duty of reasonable care as to Plaintiffs. Indeed, it appears the subject carbon monoxide exposure stems from Defendants’ stove, and Plaintiffs point to inspection documents authored by Southern California Gas Company (“SCGC”) which indicate that prior to the subject incident SCGC had noted that flames from Defendants’ stove smothered and were accompanied by an aldehyde odor. (Lovendosky Decl., Exhibits 2, 3.)[1] Aldehyde odor often indicates the presence of carbon monoxide. (Id., Exhibit 2.) Further, Defendants apparently did not thereafter service their stove. Given the foregoing evidence, the Court cannot conclude that, as a matter of law, Defendants did not breach their duty of care.

The Motion for Summary Judgment is denied.


[1] SCGC’s documents qualify as business records such that they are not barred by the hearsay rule. (Lovendosky Decl., Exhibit 2; Evid. Code § 1271.) All other objections asserted are overruled as immaterial. (Code Civ. Proc. § 437c(q).)