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This case was last updated from Los Angeles County Superior Courts on 08/10/2020 at 02:57:12 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1266

  • Filing Date:

    12/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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 Attorney

HORNER BRENTON L

 

Court Documents

Summons - Summons on Complaint

4/10/2020: Summons - Summons on Complaint

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

3/30/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Alan

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

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/9/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

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

 

Docket Entries

  • 12/12/2022
  • Hearing12/12/2022 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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  • 06/07/2021
  • Hearing06/07/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/10/2020
  • DocketSummons on Complaint; Issued 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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  • 03/30/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Alan; Signed and Filed by: CHARLY I. CORTES (Plaintiff); ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff); As to: ALAN CORTES, a minor by and through his Guardian Ad Litem, ARTURO CORTES (Plaintiff)

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  • 02/04/2020
  • DocketNotice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Alan; Filed by:

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  • 02/04/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 12/09/2019 to 02/04/2020; As To Parties changed from KYLE RICHARD BACA (Defendant), GREEN SPOT PACKAGING, INC. (Defendant) to KYLE RICHARD BACA (Defendant), GREEN SPOT PACKAGING, INC. (Defendant)

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  • 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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  • 02/04/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 02/04/2020 to 02/04/2020; Result Date changed from 02/04/2020 to 02/04/2020; As To Parties changed from GREEN SPOT PACKAGING, INC. (Defendant), KYLE RICHARD BACA (Defendant) to KYLE RICHARD BACA (Defendant), GREEN SPOT PACKAGING, INC. (Defendant); Status changed from Signed and Filed to Rejected

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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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Tentative Rulings

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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