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.
*******7061
05/11/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
PENA JENNEFER
HERRERA ADRIAN
HERRERA ADRIANA
HERRRERA JASSON
MENDOZA MARTELI VICTOR HUGO
MENDOZA MARTELL VICTOR HUGO
9/14/2018: Proof of Service by Substituted Service
10/9/2018: Cross-Complaint
10/9/2018: Answer
10/9/2018: Demand for Jury Trial
10/11/2018: Notice of Rejection - Pleadings
11/1/2018: Summons - Summons on Cross Complaint
2/14/2019: Amended Complaint - Amended Complaint
5/10/2019: 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 Jasson
5/31/2019: Answer - Answer
6/3/2019: Amended Complaint - Amended Complaint
5/11/2018: Summons - on Complaint
5/11/2018: Civil Case Cover Sheet
5/11/2018: Notice of Case Assignment - Limited Civil Case
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
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Amended Complaint 1st: Name Extension: 1st; As To Parties changed from Adrian Herrera (Cross-Defendant) to Adrian Herrera (Cross-Defendant)
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)
DocketAmended Complaint; Filed by: Victor Hugo Mendoza Marteli (Cross-Complainant); As to: Adrian Herrera (Cross-Defendant)
Docketamended cross-complaint; Filed by: Victor Hugo Mendoza Martell (Cross-Complainant); As to: Adrian Herrera (Cross-Defendant)
DocketAnswer; Filed by: Victor Hugo Mendoza Marteli (Defendant); As to: Adrian Herrera (Plaintiff); Jennefer Pena (Plaintiff); Jasson Herrrera (Plaintiff) et al.
DocketApplication And Order For Appointment of Guardian Ad Litem for Jasson; Signed and Filed by: Adrian Herrera (Plaintiff); As to: Jasson Herrrera (Plaintiff)
DocketApplication And Order For Appointment of Guardian Ad Litem for Adriana; Signed and Filed by: Adrian Herrera (Plaintiff); As to: Adriana Herrera (Plaintiff)
DocketAmended Complaint; Filed by: Adrian Herrera (Plaintiff); As to: Victor Hugo Mendoza Marteli (Defendant)
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)
DocketAnswer; Filed by: Victor Hugo Mendoza Marteli (Defendant)
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
DocketComplaint; Filed by: Adrian Herrera (Plaintiff); Jennefer Pena (Plaintiff); As to: Victor Hugo Mendoza Marteli (Defendant)
DocketCivil Case Cover Sheet; Filed by: Adrian Herrera (Plaintiff); Jennefer Pena (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 11/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
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.