This case was last updated from Los Angeles County Superior Courts on 08/19/2019 at 08:45:44 (UTC).

ADRIAN HERRERA, ET AL. VS VICTOR HUGO MENDOZA MARTELI

Case Summary

On 05/11/2018 a Personal Injury - Motor Vehicle case was filed by ADRIAN HERRERA against VICTOR HUGO MENDOZA MARTELI in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7061

  • Filing Date:

    05/11/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Plaintiffs and Cross Defendants

PENA JENNEFER

HERRERA ADRIAN

HERRERA ADRIANA

HERRRERA JASSON

Defendant

MENDOZA MARTELI VICTOR HUGO

Cross Plaintiff

MENDOZA MARTELL VICTOR HUGO

 

Court Documents

Proof of Service by Substituted Service

9/14/2018: Proof of Service by Substituted Service

Cross-Complaint

10/9/2018: Cross-Complaint

Answer

10/9/2018: Answer

Demand for Jury Trial

10/9/2018: Demand for Jury Trial

Notice of Rejection - Pleadings

10/11/2018: Notice of Rejection - Pleadings

Summons - Summons on Cross Complaint

11/1/2018: Summons - Summons on Cross Complaint

Amended Complaint - Amended Complaint

2/14/2019: Amended Complaint - Amended Complaint

Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Adriana

5/10/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Adriana

Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Jasson

5/10/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Jasson

Answer - Answer

5/31/2019: Answer - Answer

Amended Complaint - Amended Complaint

6/3/2019: Amended Complaint - Amended Complaint

Summons - on Complaint

5/11/2018: Summons - on Complaint

Civil Case Cover Sheet

5/11/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

5/11/2018: Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 05/14/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/08/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/10/2019
  • DocketUpdated -- Amended Complaint 1st: Name Extension: 1st; As To Parties changed from Adrian Herrera (Cross-Defendant) to Adrian Herrera (Cross-Defendant)

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  • 06/10/2019
  • DocketUpdated -- Amended Complaint 1st amended cross-complaint: Name Extension changed from 1st to 1st amended cross-complaint; As To Parties changed from Adrian Herrera (Cross-Defendant) to Adrian Herrera (Cross-Defendant)

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  • 06/03/2019
  • DocketAmended Complaint; Filed by: Victor Hugo Mendoza Marteli (Cross-Complainant); As to: Adrian Herrera (Cross-Defendant)

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  • 06/03/2019
  • Docketamended cross-complaint; Filed by: Victor Hugo Mendoza Martell (Cross-Complainant); As to: Adrian Herrera (Cross-Defendant)

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  • 05/31/2019
  • DocketAnswer; Filed by: Victor Hugo Mendoza Marteli (Defendant); As to: Adrian Herrera (Plaintiff); Jennefer Pena (Plaintiff); Jasson Herrrera (Plaintiff) et al.

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  • 05/10/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Jasson; Signed and Filed by: Adrian Herrera (Plaintiff); As to: Jasson Herrrera (Plaintiff)

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  • 05/10/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Adriana; Signed and Filed by: Adrian Herrera (Plaintiff); As to: Adriana Herrera (Plaintiff)

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  • 02/14/2019
  • DocketAmended Complaint; Filed by: Adrian Herrera (Plaintiff); As to: Victor Hugo Mendoza Marteli (Defendant)

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6 More Docket Entries
  • 10/09/2018
  • DocketUpdated -- Cross-Complaint: Status Date changed from 10/11/2018 to 10/09/2018; As To Parties changed from Adrian Herrera (Cross-Defendant) to Adrian Herrera (Cross-Defendant)

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  • 10/09/2018
  • DocketAnswer; Filed by: Victor Hugo Mendoza Marteli (Defendant)

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  • 09/14/2018
  • DocketProof of Service by Substituted Service; Filed by: Adrian Herrera (Plaintiff); As to: Victor Hugo Mendoza Marteli (Defendant); Proof of Mailing Date: 09/09/2018; Service Cost: 73.50; Service Cost Waived: No

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  • 05/11/2018
  • DocketComplaint; Filed by: Adrian Herrera (Plaintiff); Jennefer Pena (Plaintiff); As to: Victor Hugo Mendoza Marteli (Defendant)

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  • 05/11/2018
  • DocketCivil Case Cover Sheet; Filed by: Adrian Herrera (Plaintiff); Jennefer Pena (Plaintiff)

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  • 05/11/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/11/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/11/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/11/2018
  • DocketNon-Jury Trial scheduled for 11/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/11/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/14/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07061    Hearing Date: February 21, 2020    Dept: 27

ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISES

Jasson Herrera

Claimant Jasson Herrera (“Claimant”), a minor, by and through his guardian ad litem, Adrian Herrera (“Petitioner”), has agreed to settle his claims against Defendant in exchange for $5,000. If approved, $397.85 will be used to pay medical expenses, $1,250 will be used to pay attorney’s fees, and $0.00 will be used to pay non-medical expenses, leaving a balance of $3,352.15 for Claimant to be paid or delivered to a parent of the minor.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) The amount of fees is reasonable. Item 19b(5) states $3,356.21 will be paid to a parent. The Court assumes Petitioner means this amount to be $3,352.15. If that is correct, the Court approves the settlement and GRANTS the petition. Petitioner is to file an new proposed order before the hearing with Claimant’s name spelled correctly.

Adriana Herrera

Claimant Adriana Herrera (“Claimant”), a minor, by and through her guardian ad litem, Adrian Herrera (“Petitioner”), has agreed to settle her claims against Defendant in exchange for $25,000. If approved, $1,342.22 will be used to pay medical expenses, $6,250 will be used to pay attorney’s fees, and $0.00 will be used to pay non-medical expenses, leaving a balance of $17,407.78 for Claimant to be disbursed via check made payable to Claimant’s father, which will then be paid into an interest bearing account on behalf of Claimant for expenses related to her upkeep, schooling, after school programs and interests, and for things that are in her interest.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) The amount of fees is reasonable. Accordingly, the petition is GRANTED.

The Court sets an OSC for April 17, 2020 at 8:30 p.m. in Department 27 for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Per California Rules of Court, Rule 7.952, Petitioner and Claimants must appear at the February 21, 2020 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimants’ appearances are not necessary, but will require Petitioner to appear.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.