This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 21:08:11 (UTC).

BURNS & PARTNERS, INC. VS KELLY L KRESS

Case Summary

On 03/21/2018 a Contract - Other Contract case was filed by BURNS PARTNERS, INC against KELLY L KRESS 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:

    *******4513

  • Filing Date:

    03/21/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiffs, Cross Plaintiffs and Cross Defendants

BURNS & PARTNERS INC. DBA BURNS ENVIRONMENTAL SERVICES

KRESS KELLY L AKA KELLY CASTRO

UNIQUE REMODELING INC.

Defendant and Cross Plaintiff

KRESS KELLY L AKA KELLY CASTRO

 

Court Documents

Minute Order - Minute Order (Court Order re: Status Report Re: Arbitration)

7/12/2019: Minute Order - Minute Order (Court Order re: Status Report Re: Arbitration)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order re: Status Report Re: Arbitration) of 07/12/2019

7/12/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order re: Status Report Re: Arbitration) of 07/12/2019

Proof of Service by Mail - Proof of Service by Mail

8/9/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - on Complaint

3/21/2018: Summons - on Complaint

Civil Case Cover Sheet

3/21/2018: Civil Case Cover Sheet

Minute Order - (Court Order)

6/26/2018: Minute Order - (Court Order)

Answer

6/29/2018: Answer

Notice (name extension) - of Court Order Compelling Matter to Arbitration

7/11/2018: Notice (name extension) - of Court Order Compelling Matter to Arbitration

Answer

8/15/2018: Answer

Request for Dismissal - Request for Dismissal

12/20/2018: Request for Dismissal - Request for Dismissal

Cross-Complaint - Cross-Complaint

4/10/2019: Cross-Complaint - Cross-Complaint

Proof of Service by Mail - Proof of Service by Mail

4/10/2019: Proof of Service by Mail - Proof of Service by Mail

Substitution of Attorney - Substitution of Attorney

6/11/2019: Substitution of Attorney - Substitution of Attorney

Proof of Service by Substituted Service - Proof of Service by Substituted Service

6/12/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Status Report - Status Report

7/3/2019: Status Report - Status Report

20 More Documents Available

 

Docket Entries

  • 03/24/2021
  • 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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  • 01/08/2020
  • Hearingat 10:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 08/12/2019
  • DocketOn the Cross-Complaint filed by Burns & Partners, Inc. on 04/10/2019, entered Request for Dismissal without prejudice filed by Burns & Partners, Inc. as to Unique Remodeling, Inc.

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  • 08/09/2019
  • DocketProof of Service by Mail; Filed by: Burns & Partners, Inc. (Cross-Complainant); As to: Unique Remodeling, Inc. (Cross-Defendant)

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  • 08/09/2019
  • DocketRequest for Dismissal; Filed by: Burns & Partners, Inc. (Cross-Complainant); As to: Unique Remodeling, Inc. (Cross-Defendant)

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  • 07/12/2019
  • DocketOrder to Show Cause Re: Status of Arbitration/Dismissal scheduled for 01/08/2020 at 10:00 AM in Stanley Mosk Courthouse at Department 94

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  • 07/12/2019
  • DocketUpdated -- Brandon D. Saxon (Attorney): First Name changed from Rick to Brandon; Last Name changed from Waltman to Saxon; Middle Name changed from Anthony to D.

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  • 07/12/2019
  • DocketPursuant to the request of moving party, Order to Show Cause Re: Status of Arbitration/Dismissal scheduled for 07/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Continued - by Court was rescheduled to 01/08/2020 10:00 AM

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  • 07/12/2019
  • DocketMinute Order (Court Order re: Status Report Re: Arbitration)

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  • 07/12/2019
  • DocketCertificate of Mailing for Minute Order (Court Order re: Status Report Re: Arbitration) of 07/12/2019; Filed by: Clerk

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24 More Docket Entries
  • 06/26/2018
  • DocketStipulation and Order to submit to private mediation; Signed and Filed by: Kelly L Kress (Defendant); As to: Burns & Partners, Inc. (Plaintiff)

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  • 06/18/2018
  • DocketStipulation and Order TO 1)SUBMIT MATTER TO PRIVATE MEDIATION, 2)EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT, AND 3)COMPEL BINDING ARBITRATION PURSUANT TO THE PARTIES' WRITTEN AGREEMENT; Filed by: Kelly L Kress (Defendant)

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  • 05/07/2018
  • DocketProof of Service by Substituted Service; Filed by: Burns & Partners, Inc. (Plaintiff); As to: Kelly L Kress (Defendant); Proof of Mailing Date: 04/15/18; Service Cost: 80.50; Service Cost Waived: No

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  • 03/21/2018
  • DocketComplaint; Filed by: Burns & Partners, Inc. (Plaintiff); As to: Kelly L Kress (Defendant)

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  • 03/21/2018
  • DocketCivil Case Cover Sheet; Filed by: Burns & Partners, Inc. (Plaintiff)

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  • 03/21/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/21/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/21/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 03/21/2018
  • DocketNon-Jury Trial scheduled for 09/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/21/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC04513    Hearing Date: November 26, 2019    Dept: 94

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)

TENTATIVE RULING:

Petitioner Burn & Partners, Inc. on behalf of Minor Claimant Braden Castro’s Petition to Approve Compromise of Disputed Claim of Minor is DENIED without prejudice.

ANALYSIS:

I. Discussion

On November 13, 2019, Petitioner Burns & Partners, Inc. (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim (the “Petition”) on behalf of minor Claimant Braden Castro (“Claimant”).

Court approval is required for all settlements of a minor’s claim. (See Prob. Code §§ 3500, 3600, et seq.; CCP § 372.)

The Court notes that it does not appear the Petition was properly served. The proof of service indicates the Petition was served by electronic mail. CCP section 1010.6 provides that “[f]or cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).” (Code Civ. Proc., § 1010.6(a)(2)(A)(i).) There are no indications that there was an agreement between the parties to accept electronic service of documents in this action nor has the court ordered such service. Additionally, the proof of service does not indicate Defendant/Cross-Complainant Kelly Kress Castro’s e-mail address. It is thus unclear whether the Petition was actually served on Defendant/Cross-Complainant Kelly Kress Castro by electronic service.

Even if the Petition was properly served by electronic service, the Court finds that Petitioner does not have standing to bring a petition to approve compromise of disputed claim on behalf of Claimant. “[A] minor, a person who lacks legal capacity to make decisions, . . . 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.” (CCP § 372, emphasis added.) Petitioner is an entity and Claimant’s adversary in litigation, not Claimant’s guardian ad litem. In fact, Claimant’s guardian ad litem in this action was Defendant/Cross-Complainant Kelly Kress Castro.

Having reviewed the Petition, the Court notes that Petitioner has also failed to complete the Petition as follows:

  1. Item Nos. 6 through 9 request information as to the nature of the incident, Claimant’s injuries, treatment Claimant received for Claimant’s injuries, Claimant’s recovery, and Claimant’s medical reports. Petitioner only provides speculative information based on the allegations in the cross-complaint. Petitioner also fails to provide any of Claimant’s medical reports. Without such information, the Court cannot determine whether the settlement and release of claims is in Claimant’s best interest despite the dismissal of Claimant’s cross-claim.

  2. Item No. 13 is incomplete.

  3. Per Item No. 18d, Petitioner is required to submit Attachment 18d explaining the circumstances in which counsel became “concerned with this matter, directly or indirectly, at the instance of a party against whom the claim is asserted or a party’s insurance carrier.” Petitioner has failed to submit Attachment 18d.

  4. Per Item No. 18e, Petitioner is required to submit Attachment 18e explaining the relationship between counsel and the other party counsel is representing/employed by.

  5. Petitioner has failed to sign the Petition.

Because of the foregoing procedural defects, the Court cannot grant the Petition at this time.

II. Conclusion & Order

Therefore, the Petition is DENIED without prejudice.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.