This case was last updated from Los Angeles County Superior Courts on 10/17/2021 at 05:56:33 (UTC).

ADAN LOPEZ VS INDIAN HILL MANAGEMENT

Case Summary

On 09/29/2020 ADAN LOPEZ filed a Personal Injury - Other Personal Injury lawsuit against INDIAN HILL MANAGEMENT. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******8167

  • Filing Date:

    09/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

LOPEZ ADAN

Defendant

INDIAN HILL MANAGEMENT

Attorney/Law Firm Details

Plaintiff Attorney

GHATAN SHAREN

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 10/03/2023
  • Hearing10/03/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/29/2022
  • Hearing03/29/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/01/2021
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise)

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  • 07/01/2021
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 07/01/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/01/2021; Result Type to Held

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  • 06/17/2021
  • DocketProof of Personal Service; Filed by: Adan Lopez (Plaintiff); As to: Indian Hill Management (Defendant); Service Date: 06/16/2021; Service Cost: 161.50; Service Cost Waived: No

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  • 06/17/2021
  • DocketProof of Service by Mail; Filed by: Adan Lopez (Plaintiff); As to: Indian Hill Management (Defendant)

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  • 06/02/2021
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 07/01/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 06/02/2021
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise)

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  • 06/02/2021
  • DocketOn the Court's own motion, Hearing on Petition to Confirm Minor's Compromise scheduled for 06/02/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 07/01/2021 10:00 AM

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  • 05/26/2021
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by: Adan Lopez (Plaintiff); As to: Indian Hill Management (Defendant)

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11 More Docket Entries
  • 10/05/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Signed and Filed by: Adan Lopez (Plaintiff); As to: Adan Lopez (Plaintiff)

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  • 10/02/2020
  • DocketUpdated -- Notice of Rejection of Electronic Filing: Status Date changed from 09/29/2020 to 10/02/2020; As To Parties: removed; Status changed from Rejected to Filed

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  • 10/02/2020
  • DocketCivil Case Cover Sheet; Filed by: Adan Lopez (Plaintiff)

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  • 10/02/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Adan; Filed by: Adan Lopez (Plaintiff); As to: Adan Lopez (Plaintiff)

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  • 09/29/2020
  • DocketComplaint; Filed by: Adan Lopez (Plaintiff); As to: Indian Hill Management (Defendant)

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  • 09/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/29/2020
  • DocketNon-Jury Trial scheduled for 03/29/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/03/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/29/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC08167    Hearing Date: June 2, 2021    Dept: 25

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM ON BEHALF OF MINOR

MOVING PARTY: Petitioner Guadalupe Lopez on behalf of minor Claimant Adan Lopez

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

Petitioner Guadalupe Lopez’s Petition to Approve Compromise of a Disputed Claim on Behalf of a Minor Claimant Adan Lopez is CONTINUED TO JULY 1, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of May 28, 2021 [ ] Late [X] None

REPLY: None filed as of May 28, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On September 29, 2020, minor Plaintiff Adan Lopez (“Claimant”) through his guardian ad litem, filed an action for premises liability against Defendant Indian Hill Management (“Defendant”). Petitioner Guadalupe Lopez (“Petitioner”) was appointed as minor Claimant’s guardian ad litem on October 13, 2020.

On October 14, 2020, Petitioner filed the instant Petition to Approve Compromise of a Disputed Claim (the “Petition”).

At the initial April 20 hearing, the Court noted several errors in the Petition and ordered Petitioner to correct them. (4/20/21 Minute Order.) Petitioner was also ordered to properly serve both the Summons and Complaint and the Petition on Defendant. (Id.)

II. Legal Standard & Discussion

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500.

Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)

Having reviewed the Petition, the Court finds Petitioner has not cured all defects previously identified. Specifically, Petitioner was previously ordered to properly serve the Summons and Complaint on Defendant; Petitioner did not do so. While Petitioner did file a proof of service, it states the Summons and Complaint were only served via regular mail. (5/14/21 Prof of Service.) The proof of service also states it was executed on October 14, 2021. (Id.) In addition, the Petition was not served on Defendant as previously ordered; Petitioner only served “CNA,” which appears to be an insurance company. (5/26/21 Amended Petition, Proof of Service.)

It is important that Petitioner demonstrates Defendant was properly served because an action was filed against it. Filing a Complaint implicates Defendant’s rights and seeks a judgment against it, whether that be a judgment of dismissal pursuant to a settlement or a monetary judgment.

Petitioner is ordered to properly serve Defendant with the Summons and Complaint and the Petition and Notice of Hearing.

III. Conclusion & Order

For the foregoing reasons, Petitioner Guadalupe Lopez’s Petition to Approve Compromise of a Disputed Claim on Behalf of a Minor Claimant Adan Lopez is CONTINUED TO JULY 1, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.

Case Number: 20STLC08167    Hearing Date: April 20, 2021    Dept: 25

HEARING DATE: Tue., April 20, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Lopez v. Indian Hill Management COMPL. FILED: 09-29-20

CASE NUMBER: 20STLC08167 DISC. C/O: 02-27-22

NOTICE: NO MOTION C/O: 03-14-22

TRIAL DATE: 03-29-22

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM ON BEHALF OF MINOR

MOVING PARTY: Petitioner Guadalupe Lopez on behalf of minor Claimant Adan Lopez

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

Petitioner Guadalupe Lopez’s Petition to Approve Compromise of a Disputed Claim on Behalf of a Minor is CONTINUED TO JUNE 3, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of April 16, 2021 [ ] Late [X] None

REPLY: None filed as of April 16, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 29, 2020, minor Plaintiff Adan Lopez (“Claimant”) through his guardian ad litem, filed an action for premises liability against Defendant Indian Hill Management (“Defendant”). Petitioner Guadalupe Lopez (“Petitioner”) was appointed as minor Claimant’s guardian ad litem on October 13, 2020.

On October 14, 2020, Petitioner filed the instant Petition to Approve Compromise of a Disputed Claim (the “Petition”). No opposition was filed.

  1. Legal Standard & Discussion

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500.

Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)

Having reviewed the Petition, the Court finds the following defects:

In addition, because a Complaint against Defendant was filed, Petitioner must also demonstrate that Defendant was properly served both with the Summons and Complaint and with the instant Petition and Notice of Hearing. However, Petitioner has not filed any proofs of service.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Guadalupe Lopez’s Petition to Approve Compromise of a Disputed Claim on Behalf of a Minor is CONTINUED TO JUNE 3, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.

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