This case was last updated from Los Angeles County Superior Courts on 08/19/2021 at 01:11:48 (UTC).

CHARLY I. CORTES, ET AL. VS GREEN SPOT PACKAGING, INC., ET AL.

Case Summary

On 12/09/2019 CHARLY I CORTES filed a Personal Injury - Motor Vehicle lawsuit against GREEN SPOT PACKAGING, INC . 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1266

  • Filing Date:

    12/09/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

ALAN CORTES A MINOR BY AND THROUGH HIS GUARDIAN AD LITEM ARTURO CORTES

CORTES CHARLY I.

Defendants

BACA KYLE RICHARD

GREEN SPOT PACKAGING INC.

Attorney/Law Firm Details

Plaintiff Attorneys

HORNER BRENTON L

HORNER BRENTON LANE

Defendant Attorney

OH ESTHER

 

Court Documents

Demand for Jury Trial - Demand for Jury Trial

8/10/2020: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

8/10/2020: Answer - Answer

Declaration re: Due Diligence - Declaration re: Due Diligence

8/11/2020: Declaration re: Due Diligence - Declaration re: Due Diligence

Proof of Service by Mail - Proof of Service by Mail

8/11/2020: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer

8/19/2020: Answer - Answer

Request for Dismissal - Request for Dismissal

10/30/2020: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Court Order)

2/16/2021: Minute Order - Minute Order (Court Order)

Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

3/1/2021: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

4/27/2021: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Notice (name extension) - Notice OF CONTINUANCE

4/30/2021: Notice (name extension) - Notice OF CONTINUANCE

Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise; Non-Jury T...)

6/8/2021: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise; Non-Jury T...)

Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgm

6/8/2021: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgm

Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account

6/8/2021: Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account

Summons - Summons on Complaint

4/10/2020: Summons - Summons on Complaint

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Alan

2/4/2020: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Alan

Complaint - Complaint

12/9/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/9/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/9/2019: First Amended Standing Order - First Amended Standing Order

17 More Documents Available

 

Docket Entries

  • 08/03/2021
  • DocketReceipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by: ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: GREEN SPOT PACKAGING, INC. (Defendant)

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  • 07/23/2021
  • DocketOn the Complaint filed by CHARLY I. CORTES, et al. on 12/09/2019, entered Request for Dismissal with prejudice filed by ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES as to the entire action

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  • 07/23/2021
  • DocketAddress for Brenton Lane Horner (Attorney) updated

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  • 07/23/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/19/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/23/2021

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  • 06/08/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/19/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 06/08/2021
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Signed and Filed by: ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: GREEN SPOT PACKAGING, INC. (Defendant); KYLE RICHARD BACA (Defendant)

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  • 06/08/2021
  • DocketOrder to Deposit Money Into Blocked Account; Signed and Filed by: ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: GREEN SPOT PACKAGING, INC. (Defendant); KYLE RICHARD BACA (Defendant)

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  • 06/08/2021
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise; Non-Jury T...)

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  • 06/08/2021
  • DocketUpdated -- Brenton Lane Horner (Attorney): First Name changed from BRENTON to Brenton; Last Name changed from HORNER to Horner; Organization Name changed from HORNER & ASSOCIATES to Horner & Associates; Middle Name changed from L to Lane

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  • 06/08/2021
  • DocketAddress for Brenton Lane Horner (Attorney) updated

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49 More Docket Entries
  • 02/04/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Signed and Filed by: CHARLY I. CORTES (Plaintiff); ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: GREEN SPOT PACKAGING, INC. (Defendant); KYLE RICHARD BACA (Defendant)

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  • 12/11/2019
  • DocketNon-Jury Trial scheduled for 06/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/12/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 12/09/2019
  • DocketComplaint; Filed by: CHARLY I. CORTES (Plaintiff); ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: GREEN SPOT PACKAGING, INC. (Defendant); KYLE RICHARD BACA (Defendant)

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  • 12/09/2019
  • DocketCivil Case Cover Sheet; Filed by: CHARLY I. CORTES (Plaintiff); ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: GREEN SPOT PACKAGING, INC. (Defendant); KYLE RICHARD BACA (Defendant)

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  • 12/09/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/09/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/09/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 02/04/2020 to 12/09/2019

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  • 12/09/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 02/04/2020 to 12/09/2019

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Tentative Rulings

Case Number: 19STLC11266    Hearing Date: April 27, 2021    Dept: 25

HEARING DATE: Tue., April 27, 2021 JUDGE /DEPT: Chilton/25

CASE NAME: Cortes, et al. v. Green Spot Packaging, et al. COMPL. FILED: 12-09-19

CASE NUMBER: 19STLC11266 DISC. C/O: 05-08-21

NOTICE: OK MOTION C/O: 05-23-21

TRIAL DATE: 06-07-21

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF A PENDING ACTION ON BEHALF OF MINOR

MOVING PARTY: Petitioner Arturo Cortes on behalf of minor Claimant Alan Cortes

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of Pending Action is CONTINUED ONE FINAL TIME TO JUNE 8, 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 correcting the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 23, 2021 [ ] Late [X] None

REPLY: None filed as of April 23, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On December 9, 2019, Plaintiff Charly I. Cortes (“Charly”) and minor Plaintiff Alan Cortes (“Claimant”) filed this action for personal injuries against Defendants Green Spot Packaging, Inc. (“Green Spot”) and Kyle Richard Baca (“Baca”) (collectively, “Defendants”). Petitioner Arturo Cortes (“Petitioner”) was appointed as minor Claimant’s guardian ad litem on March 30, 2020.

Defendants filed a joint Answer on August 10, 2020. Plaintiff Charly was dismissed from this action with prejudice on November 9, 2020.

On November 17, 2020, Petitioner filed the instant Petition to Approve Compromise of Pending Action on behalf of Minor (the “Petition”).

At the initial March 1 hearing, the Court noted several defects in the Petition. (3/1/21 Minute Order.) The Court continued the hearing and ordered Petitioner to file and serve supplemental papers correcting said defects. (Id.)

Petitioner filed an Amended Petition on March 4, 2021. No opposition was filed.

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 the Petition remains incomplete. At the previous hearing, the Court noted the Petition checked off the box indicating that minor Claimant has fully recovered from his injuries but that the most recent medical report attached to the Petition, dated January 3, 2019, notes minor Claimant still experiences “[f]requent, moderate pain in the left knee…[and] also complains of ‘pops’ and ‘clicking’ in the left knee.” (3/1/21 Minute Order.) The physician also indicated minor Claimant’s prognosis was “fair, but guarded.” (Id.)

The Amended Petition seeks to correct this error with Attachment 9(b), which contains a statement from an unidentified person stating that Claimant is 17 years old, will turn 18 in December of this year, has “concluded his home exercises” and has fully recovered. (Amended Pet., Attach. 9(b).)

This is insufficient. The Petition specifically requires a doctor’s report setting forth the Claimant’s current condition. (See Pet. ¶ 9 [“An original or a photocopy of all doctors’ reports containing a diagnosis of and prognosis for the claimant’s injuries, and a report of the claimant’s present condition, must be attached to this petition as Attachment 9. A new report is not necessary so long as a previous report accurately describes the claimant’s current condition”].) (Italics added.)

Because the most recent report of January 2019 does not accurately reflect minor Claimant’s condition, a new report is needed. Thus, the matter is continued one final time to allow Petitioner to submit a new medical report.

III. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Pending Action is CONTINUED ONE FINAL TIME TO JUNE 8, 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 correcting the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.

Case Number: 19STLC11266    Hearing Date: March 01, 2021    Dept: 25

HEARING DATE: Mon., March 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Cortes, et al. v. Green Spot Packaging, et al COMPL. FILED: 12-09-19

CASE NUMBER: 19STLC11266 DISC. C/O: 05-08-21

NOTICE: NO MOTION C/O: 05-23-21

TRIAL DATE: 06-07-21

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF A PENDING ACTION ON BEHALF OF MINOR

MOVING PARTY: Petitioner Arturo Cortes on behalf of minor Claimant Alan Cortes

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of Pending Action is CONTINUED TO APRIL 27, 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 correcting the deficiencies identified 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 February 24, 2021 [ ] Late [X] None

REPLY: None filed as of February 24, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 9, 2019, Plaintiff Charly I. Cortes (“Charly”) and minor Plaintiff Alan Cortes (“Claimant”) filed this action for personal injuries against Defendants Green Spot Packaging, Inc. (“Green Spot”) and Kyle Richard Baca (“Baca”) (collectively, “Respondents”). Petitioner Arturo Cortes (“Petitioner”) was appointed as minor Claimant’s guardian ad litem on March 30, 2020.

Respondents filed a joint Answer on August 10, 2020. Plaintiff Charly was dismissed from this action with prejudice on November 9, 2020.

On November 17, 2020, Petitioner filed the instant Petition to Approve Compromise of Pending Action on behalf of Minor (the “Petition”). To date, no opposition has been 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:

Petitioner is ordered to file and serve supplemental papers correcting the noted deficiencies.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Pending Action is CONTINUED TO APRIL 27, 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 correcting the deficiencies identified 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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