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

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

AMY D. HOGUE

 

Party Details

Plaintiffs

GURLEY KATHRYN TAYLOR

GURLEY KATHRYN

GURLEY JAMES BENJAMIN III

Defendants

GANDELSONAS MARIO

AGREST DIANA

HOMEAWAY INC

Attorney/Law Firm Details

Plaintiff Attorney

BAILEY PATRICK EVANS ESQ.

Defendant Attorneys

SABAITIS FRANK THOMAS

YEE STEVEN ROBERT ESQ.

O'DONNELL ALYSSA D.

 

Court Documents

PLAINTIFFS' APPENDIX OF FEDERAL AUTHORITIES REFERENCED IN THEIR OPPOSITION TO DEFENDANT HOMEAWAY.COM, INC.'S MOTION TO COMPEL

1/24/2018: PLAINTIFFS' APPENDIX OF FEDERAL AUTHORITIES REFERENCED IN THEIR OPPOSITION TO DEFENDANT HOMEAWAY.COM, INC.'S MOTION TO COMPEL

PLAINTIFFS' OPPOSITION TO DEFENDANT HOMEAWAY.COM; INC.'S MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS OR IN THE ALTERNATIVE, STAY; ETC.

1/24/2018: PLAINTIFFS' OPPOSITION TO DEFENDANT HOMEAWAY.COM; INC.'S MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS OR IN THE ALTERNATIVE, STAY; ETC.

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

ORDER RE: DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS THE ACTION, OR IN THE ALTERNATIVE STAY THE PROCEEDINGS

2/6/2018: ORDER RE: DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS THE ACTION, OR IN THE ALTERNATIVE STAY THE PROCEEDINGS

Minute Order

2/6/2018: Minute Order

DEFENDANT HOMEAWAY.COM, INC.'S OPPOSITION TO PLAINTIFFS' EPARTE APPLICATION FOR ORDER TO CORRECT CLERICAL ERROR IN MINUTE ORDER DATED FEBRUARY 6,2018

2/16/2018: DEFENDANT HOMEAWAY.COM, INC.'S OPPOSITION TO PLAINTIFFS' EPARTE APPLICATION FOR ORDER TO CORRECT CLERICAL ERROR IN MINUTE ORDER DATED FEBRUARY 6,2018

Minute Order

2/16/2018: Minute Order

NOTICE REGARDING RESULTS OF HEARING REGARDING ARBITRATION PETITION

2/16/2018: NOTICE REGARDING RESULTS OF HEARING REGARDING ARBITRATION PETITION

PLAINTIFFS' EX PARTE APPLICATION FOR ORDER TO CORRECT CLERICAL ERROR IN MINUTE ORDER DATED FEBRUARY 6,2018;ETC.

2/16/2018: PLAINTIFFS' EX PARTE APPLICATION FOR ORDER TO CORRECT CLERICAL ERROR IN MINUTE ORDER DATED FEBRUARY 6,2018;ETC.

NOTICE OF ASSOCIATION OF COUNSEL

3/29/2018: NOTICE OF ASSOCIATION OF COUNSEL

SUBSTITUTION OF ATTORNEY

4/4/2018: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

4/4/2018: SUBSTITUTION OF ATTORNEY

NOTICE OF ASSOCIATION OF COUNSEL

4/19/2018: NOTICE OF ASSOCIATION OF COUNSEL

Unknown

5/21/2018: Unknown

Unknown

5/22/2018: Unknown

PLAINTIFFS' NOTICE OF INITIAL DEPOSIT OF JURY FEES

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

NOIICE OF CHANGE OF ADDRESS OF PLAINTIFFS' COUNSEL

7/19/2018: NOIICE OF CHANGE OF ADDRESS OF PLAINTIFFS' COUNSEL

PLAINTIFFS' STATUS CONFERENCE STATEMENT

7/31/2018: PLAINTIFFS' STATUS CONFERENCE STATEMENT

58 More Documents Available

 

Docket Entries

  • 06/06/2019
  • Docketat 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
  • DocketResponse (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
  • DocketNotice (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
  • DocketMotion for Summary Judgment; Filed by Homeaway, Inc (Defendant)

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

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

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

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

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

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

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  • 06/20/2017
  • DocketPROOF OF SERVICE SUMMONS

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

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  • 06/20/2017
  • DocketPROOF OF SERVICE SUMMONS

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

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  • 06/19/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/30/2017
  • DocketSUMMONS

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

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

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Tentative Rulings

Case Number: ****3217    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.: ****3217

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).)



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