This case was last updated from Los Angeles County Superior Courts on 04/01/2021 at 00:44:26 (UTC).

CURA WASHINGTON VS WALTER MCINTYRE, JR.

Case Summary

On 08/03/2020 CURA WASHINGTON filed a Personal Injury - Motor Vehicle lawsuit against WALTER MCINTYRE, JR. 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:

    *******6496

  • Filing Date:

    08/03/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Defendant

MCINTYRE WALTER JR.

Attorney/Law Firm Details

Other Attorneys

GRAYSON STEPHEN P.

 

Court Documents

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

3/30/2021: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

9/18/2020: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

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

8/10/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Cura

Summons - Summons on Complaint

8/10/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/3/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

8/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

8/3/2020: Complaint - Complaint

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

8/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/07/2023
  • Hearing08/07/2023 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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  • 01/31/2022
  • Hearing01/31/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/30/2021
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise)

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  • 03/30/2021
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 03/30/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/30/2021; Result Type to Held - Taken under Submission

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  • 09/21/2020
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 03/30/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 09/18/2020
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by: CURA WASHINGTON (Plaintiff); As to: WALTER MCINTYRE, JR. (Defendant)

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  • 08/10/2020
  • DocketSummons on Complaint; Issued and Filed by: CURA WASHINGTON (Plaintiff); As to: WALTER MCINTYRE, JR. (Defendant)

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  • 08/10/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Cura; Signed and Filed by: CURA WASHINGTON (Plaintiff); As to: CURA WASHINGTON (Plaintiff)

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  • 08/07/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Cura: Filed By: CURA WASHINGTON (Plaintiff); Result: Granted; Result Date: 08/07/2020

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  • 08/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/07/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/04/2020
  • DocketNon-Jury Trial scheduled for 01/31/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/04/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 08/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/03/2020
  • DocketCivil Case Cover Sheet; Filed by: CURA WASHINGTON (Plaintiff); As to: WALTER MCINTYRE, JR. (Defendant)

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  • 08/03/2020
  • DocketComplaint; Filed by: CURA WASHINGTON (Plaintiff); As to: WALTER MCINTYRE, JR. (Defendant)

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Tentative Rulings

Case Number: 20STLC06496    Hearing Date: March 30, 2021    Dept: 25

HEARING DATE: Tue., March 30, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Washington v. McIntyre Jr. COMPL. FILED: 08-03-20

CASE NUMBER: 20STLC06496 DISC. C/O: 01-01-21

NOTICE: NO MOTION C/O: 01-16-21

TRIAL DATE: 01-31-22

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

MOVING PARTY: Petitioner Chrissiah Fields on behalf of Minor Claimant Cura Washington

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

Petitioner Chrissiah Fields’ Petition to Approve Compromise of a Pending Action is CONTINUED TO MAY 25, 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 addressing the defects noted 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 March 26, 2020 [ ] Late [X] None

REPLY: None filed as of March 26, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 3, 2020, minor Plaintiff Cura Washington (“Claimant”) by and through her guardian ad litem Chrissiah Fields (“Petitioner”) filed an action against Respondent Walter McIntyre Jr. (“Respondent”). Petitioner was appointed Claimant’s guardian ad litem on August 10, 2020.

Petitioner filed the instant Petition to Approve Compromise of a Pending Action (the “Petition”) on September 18, 2020. 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 errors noted above.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Chrissiah Fields’ Petition to Approve Compromise of a Pending Action is CONTINUED TO MAY 25, 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 addressing the defects noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.