This case was last updated from Los Angeles County Superior Courts on 06/11/2022 at 06:44:37 (UTC).

LAURA GOTTLIEB, ET AL. VS RICHARD J. GOTTLIEB, ET AL.

Case Summary

On 12/07/2020 LAURA GOTTLIEB filed a Personal Injury - Other Personal Injury lawsuit against RICHARD J GOTTLIEB. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SAMANTHA JESSNER, DAVID J. COWAN, AUDRA MORI, CHARLES C. LEE, MARK H. EPSTEIN, JONATHAN L. ROSENBLOOM, ELAINE W. MANDEL and THOMAS D. LONG. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6738

  • Filing Date:

    12/07/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

SAMANTHA JESSNER

DAVID J. COWAN

AUDRA MORI

CHARLES C. LEE

MARK H. EPSTEIN

JONATHAN L. ROSENBLOOM

ELAINE W. MANDEL

THOMAS D. LONG

 

Party Details

Plaintiffs

DANIEL M. GOTTLIEB BY AND THROUGH HIS GUARDIAN AD LITEM LAURA GOTTLIEB

GOTTLIEB LAURA

Appellant and Plaintiff

GOTTLIEB LAURA

Defendants and Respondents

605 REXFORD LLC A CALIFORNIA LIMITED LIABILITY COMPANY

RJG 2ND STREET LLC A CALIFORNIA LIMITED LIABILITY COMPANY

RJG MONTANA LLC A CALIFORNIA LIMITED LIABILITY COMPANY

MILLER TOBIAS

LASTELIC JOHN

GOTTLIEB RICHARD J.

1301 ABBOT KINNEY LLC A CALIFORNIA LIMITED LIABILITY COMPANY

SPALDING COMMERCIAL LLC A CALIFORNIA LIMITED LIABILITY COMPANY

BORZINA OKSANA

ZINK DOROTHY

RICHARD J. GOTTLIEB SUCCESSOR TRUSTEE TO THE DANIEL M. GOTTLIEB TRUST

PICO DISTRICT LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Not Classified By Court

RILEY OLIVER M.

10 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

MATTHIAS MICHAEL

CHO DYANNE J

OLDMAN MARSHAL A.

RILEY OLIVER MATTHEW

Defendant Attorneys

BOXER JOEL E.

SACKS ROBERT N

SCHEERER JOHN A.

SHIN ANGELA Y.

 

Court Documents

Proof of Service by Mail - PROOF OF SERVICE BY MAIL AMENDED

6/6/2022: Proof of Service by Mail - PROOF OF SERVICE BY MAIL AMENDED

Appeal - Notice Court Reporter to Prepare Appeal Transcript

4/26/2022: Appeal - Notice Court Reporter to Prepare Appeal Transcript

Appeal - Notice Court Reporter to Prepare Appeal Transcript

4/26/2022: Appeal - Notice Court Reporter to Prepare Appeal Transcript

Notice - NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT AND JUDGMENT LIENS [CCP 673]

6/2/2022: Notice - NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT AND JUDGMENT LIENS [CCP 673]

Appeal - Notice of Appeal/Cross Appeal Filed - APPEAL - NOTICE OF APPEAL/CROSS APPEAL FILED "R" APPEAL

2/7/2022: Appeal - Notice of Appeal/Cross Appeal Filed - APPEAL - NOTICE OF APPEAL/CROSS APPEAL FILED "R" APPEAL

Appeal - Notice of Appeal/Cross Appeal Filed

2/7/2022: Appeal - Notice of Appeal/Cross Appeal Filed

Appeal - Ntc Designating Record of Appeal APP-003/010/103 - APPEAL - NTC DESIGNATING RECORD OF APPEAL APP-003/010/103 FOR "R" APPEAL

2/17/2022: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - APPEAL - NTC DESIGNATING RECORD OF APPEAL APP-003/010/103 FOR "R" APPEAL

Appeal - Notice of Filing of Notice of Appeal - APPEAL - NOTICE OF FILING OF NOTICE OF APPEAL "R"

2/17/2022: Appeal - Notice of Filing of Notice of Appeal - APPEAL - NOTICE OF FILING OF NOTICE OF APPEAL "R"

Appeal - Notice of Filing of Notice of Appeal

2/17/2022: Appeal - Notice of Filing of Notice of Appeal

Appeal - Ntc Designating Record of Appeal APP-003/010/103

2/17/2022: Appeal - Ntc Designating Record of Appeal APP-003/010/103

Notice of Rejection - Post Judgment

2/28/2022: Notice of Rejection - Post Judgment

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

3/2/2022: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Abstract of Judgment - Civil and Small Claims

3/2/2022: Abstract of Judgment - Civil and Small Claims

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE NOTICE OF RELATED CASES RE LAURA D. GOTTLIEB, ...) OF 03/04/2022

3/4/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE NOTICE OF RELATED CASES RE LAURA D. GOTTLIEB, ...) OF 03/04/2022

Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF RELATED CASES RE LAURA D. GOTTLIEB, ...)

3/4/2022: Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF RELATED CASES RE LAURA D. GOTTLIEB, ...)

Notice of Ruling - NOTICE OF RULING NOTICE OF ENTRY OF ORDER

3/8/2022: Notice of Ruling - NOTICE OF RULING NOTICE OF ENTRY OF ORDER

Abstract of Judgment - Civil and Small Claims

3/17/2022: Abstract of Judgment - Civil and Small Claims

Appeal - Notice of Default Issued - APPEAL - NOTICE OF DEFAULT ISSUED "R"

4/4/2022: Appeal - Notice of Default Issued - APPEAL - NOTICE OF DEFAULT ISSUED "R"

158 More Documents Available

 

Docket Entries

  • 06/06/2022
  • Docketat 08:30 AM in Department 31; Non-Jury Trial - Not Held - Advanced and Vacated

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  • 06/06/2022
  • DocketProof of Service by Mail (AMENDED); Filed by Oksana Borzina (Defendant)

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  • 06/02/2022
  • DocketNotice (and Acknowledgment of Assignment of Judgment and Judgment Liens [ccp 673]); Filed by Laura Gottlieb (Plaintiff)

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  • 05/23/2022
  • Docketat 10:00 AM in Department 31; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/26/2022
  • DocketAppeal - Notice Court Reporter to Prepare Appeal Transcript; Filed by Clerk

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  • 04/11/2022
  • DocketAppeal - Reporter Appeal Transcripts Deposit Paid (by Appellant $325.00); Filed by Clerk

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  • 04/04/2022
  • DocketAppeal - Notice of Default Issued; Filed by Clerk

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  • 04/04/2022
  • DocketAppeal - Notice of Default Issued ("R"); Filed by Clerk

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  • 03/17/2022
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Oksana Borzina (Defendant)

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  • 03/08/2022
  • DocketNotice of Ruling (NOTICE OF ENTRY OF ORDER); Filed by Richard J. Gottlieb (Defendant)

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183 More Docket Entries
  • 12/16/2020
  • DocketMinute Order ( (Court Order Re Reassignment to Independent Calendar Court)); Filed by Clerk

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  • 12/16/2020
  • DocketCertificate of Mailing for ((Court Order Re Reassignment to Independent Calendar Court) of 12/16/2020, ADR Information Package); Filed by Clerk

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  • 12/15/2020
  • Docketat 10:23 AM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 12/15/2020
  • DocketMinute Order ( (Court Order Re Referring Case to Department 1 for Reassignmen...)); Filed by Clerk

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  • 12/15/2020
  • DocketCertificate of Mailing for ((Court Order Re Referring Case to Department 1 for Reassignmen...) of 12/15/2020); Filed by Clerk

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  • 12/08/2020
  • DocketNotice of Rejection of Electronic Filing; Filed by Clerk

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  • 12/07/2020
  • DocketComplaint; Filed by Laura Gottlieb (Plaintiff); Daniel M. Gottlieb, by and through his guardian ad litem, Laura Gottlieb (Plaintiff)

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  • 12/07/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem (for Daniel); Filed by Laura Gottlieb (Plaintiff); Daniel M. Gottlieb, by and through his guardian ad litem, Laura Gottlieb (Plaintiff)

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  • 12/07/2020
  • DocketCivil Case Cover Sheet; Filed by Laura Gottlieb (Plaintiff); Daniel M. Gottlieb, by and through his guardian ad litem, Laura Gottlieb (Plaintiff)

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  • 12/07/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******6738    Hearing Date: April 15, 2021    Dept: P

Tentative Ruling

Laura Gottlieb et al. v. Richard J. Gottlieb, Case No. *******6738

Hearing Date April 15, 2021

Defendant Richard Gottlieb, Trustee of the Daniel Gottlieb Trust’s Motion for Reconsideration of Order Appointing Plaintiff Guardian Ad Litem

Plaintiff Laura Gottlieb moved ex parte for an order appointing her guardian ad litem for her father Daniel Gottlieb. The matter was heard in Dept. R and granted by Judge Epstein. Defendant Richard Gottlieb, plaintiff’s brother and trustee of the Daniel Gottlieb Trust, moves for reconsideration, arguing Daniel does not wish Laura to be his GAL, he was not provided notice of the motion, so unable to oppose it, and there was insufficient evidence presented that Daniel requires a GAL.

A motion for reconsideration must be filed within 10 days after service upon the party of written notice of entry of the order. Cal. Code of Civ. Proc. ;1008(a). If no notice of entry of an order is served, the ;1008(a) clock does not begin to run. Novak v. Fay (2015) 236 Cal.App.4th 329, 335-336. A motion for reconsideration may only be granted if it shows “new or different facts, circumstances, or law.” If a GAL is appointed prior to service of process, the appointment is void and the appointee has no power to appear. Weisfeld v. Superior Court (1952) 110 Cal.App.2 148, 152. Further, a GAL may be appointed for an adult only if he consents to the appointment or upon notice and hearing. In re Jessica G. (2001) 93 Cal.App.4th 1180, 1187-1188. Granting GAL status without providing opposing party an opportunity to be heard violates due process. In re Sara D. (2001) 87 Cal.App.4th 661, 672.

Moving party states he was not served with the ex parte application. He argues the motion was supported by insufficient evidence, with only Laura’s claims on information and belief, with no competent, independent evidence of Daniel’s medical or mental state. Laura argues the order granting ex parte relief was served on Daniel, so this motion is untimely and not supported by new or different facts, circumstances or law.

Defendant was not present at the hearing. No facts regarding the alleged rift between Laura and Daniel or evidence of Daniel’s competence were presented; this constitutes new or different evidence sufficient under ;1008. Wolf Decl.¶7, Hamer Decl. ¶10, Susan Decl. ¶3. Additionally, in the interest of a hearing on the merits, the court accepts Daniel’s claim he never received notice of the hearing, so was denied the opportunity to oppose. GRANTED. The motion to appoint Laura as GAL will be scheduled and fully briefed.

DUE TO THE ONGOING COVID-19 PANDEMIC PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.


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