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This case was last updated from Los Angeles County Superior Courts on 05/05/2021 at 02:37:16 (UTC).

DAMIAN MEDINA, BY AND THROUGH GUARDIAN AD LITEM, ET AL. VS MARIA D. ARECHIGA

Case Summary

On 07/07/2020 DAMIAN MEDINA, BY AND THROUGH GUARDIAN AD LITEM filed a Personal Injury - Motor Vehicle lawsuit against MARIA D ARECHIGA. 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:

    *******5671

  • Filing Date:

    07/07/2020

  • 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

Plaintiff

MEDINA JUANA ELIZABETH

Defendant

ARECHIGA MARIA D.

Attorney/Law Firm Details

Plaintiff Attorney

SABOORIAN MICHAEL

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement) and Proof of D...)

5/3/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement) and Proof of D...)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement) and Proof of D...) of 05/03/2021

5/3/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement) and Proof of D...) of 05/03/2021

Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account - Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

3/26/2021: Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account - Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

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

12/28/2020: 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

12/28/2020: Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account

Minute Order - Minute Order (Hearing on Petitioner Juana Elizabeth Medina's Amended Expedi...)

12/28/2020: Minute Order - Minute Order (Hearing on Petitioner Juana Elizabeth Medina's Amended Expedi...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petitioner Juana Elizabeth Medina's Amended Expedi...) of 12/28/2020

12/28/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petitioner Juana Elizabeth Medina's Amended Expedi...) of 12/28/2020

Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc - Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Pro

11/13/2020: Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc - Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Pro

Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

11/5/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

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

8/31/2020: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF D...) of 09/15/2020

9/15/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF D...) of 09/15/2020

Minute Order - Minute Order (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF D...)

9/15/2020: Minute Order - Minute Order (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF D...)

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

7/14/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

Summons - Summons on Complaint

7/14/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

7/7/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

7/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

7/7/2020: Complaint - Complaint

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

7/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 05/03/2021
  • DocketOn the Complaint filed by DAMIAN MEDINA, by and through guardian ad litem, et al. on 07/07/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 05/03/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement) and Proof of D...)

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  • 05/03/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement) and Proof of D...) of 05/03/2021; Filed by: Clerk

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  • 05/03/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) and Proof of Deposit into Blocked Account scheduled for 05/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/03/2021

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  • 03/26/2021
  • DocketReceipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by: JUANA ELIZABETH MEDINA (Plaintiff); As to: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff) Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by: JUANA ELIZABETH MEDINA (Plaintiff); As to: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff)

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  • 12/28/2020
  • DocketUpdated -- Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability (Miscellaneous): Filed By: JUANA ELIZABETH MEDINA (Plaintiff); Result: Granted; Result Date: 12/28/2020 Updated -- Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability (Miscellaneous): Filed By: JUANA ELIZABETH MEDINA (Plaintiff); Result: Granted; Result Date: 12/28/2020

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  • 12/28/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) and Proof of Deposit into Blocked Account scheduled for 05/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Order to Deposit Money Into Blocked Account; Signed and Filed by: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff)

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  • 12/28/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) and Proof of Deposit into Blocked Account scheduled for 05/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Order 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: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: MARIA D. ARECHIGA (Defendant)

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  • 12/28/2020
  • DocketOrder to Deposit Money Into Blocked Account; Signed and Filed by: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff) Order 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: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: MARIA D. ARECHIGA (Defendant)

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  • 12/28/2020
  • DocketMinute Order (Hearing on Petitioner Juana Elizabeth Medina's Amended Expedi...) Certificate of Mailing for (Hearing on Petitioner Juana Elizabeth Medina's Amended Expedi...) of 12/28/2020; Filed by: Clerk

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18 More Docket Entries
  • 07/13/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Filed By: JUANA ELIZABETH MEDINA (Plaintiff),DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); Result: Granted; Result Date: 07/13/2020

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  • 07/07/2020
  • DocketComplaint; Filed by: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: MARIA D. ARECHIGA (Defendant) Complaint; Filed by: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: MARIA D. ARECHIGA (Defendant)

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  • 07/07/2020
  • DocketCivil Case Cover Sheet; Filed by: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: MARIA D. ARECHIGA (Defendant) Civil Case Cover Sheet; Filed by: DAMIAN MEDINA, by and through guardian ad litem (Plaintiff); JUANA ELIZABETH MEDINA (Plaintiff); As to: MARIA D. ARECHIGA (Defendant)

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  • 07/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk First Amended Standing Order; Filed by: Clerk

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  • 07/07/2020
  • DocketNon-Jury Trial scheduled for 01/04/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Non-Jury Trial scheduled for 01/04/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/11/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Order to Show Cause Re: Failure to File Proof of Service scheduled for 07/11/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketUpdated -- Summons on Complaint: Status Date changed from 07/14/2020 to 07/07/2020 Updated -- Application And Order For Appointment of Guardian Ad Litem for Damian: Status Date changed from 07/14/2020 to 07/07/2020

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  • 07/07/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Damian: Status Date changed from 07/14/2020 to 07/07/2020 Updated -- Summons on Complaint: Status Date changed from 07/14/2020 to 07/07/2020

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  • 07/07/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse Case assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05671    Hearing Date: December 28, 2020    Dept: 2

HEARING DATE: Mon., December 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Medina v. Arechiga COMP. FILED: 07-07-20

CASE NUMBER: 20STLC05671 DISC. C/O: 12-05-21

NOTICE: OK MOTION C/O: 12-20-21

TRIAL DATE: 01-04-22

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM ON BEHALF OF MINOR

MOVING PARTY: Petitioner Juana Elizabeth Medina on behalf of minor Claimant Damian Medina

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of Disputed Claim is GRANTED.

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 December 18, 2020 [ ] Late [X] None

REPLY: None filed as of December 18, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 7, 2020, minor Plaintiff Damian Medina (“Claimant”), by and through his guardian ad litem Juana Elizabeth Medina (“Petitioner”), filed this action for damages against Defendant Maria D. Arechiga (“Respondent”). Petitioner was appointed as Claimant’s guardian ad litem on July 14, 2020. Petitioner thereafter filed the instant Expedited Petition to Approve Compromise of Disputed Claim (the “Petition”) on behalf of Claimant on August 31, 2020.

On September 15, 2020, the Court noted several errors in the Petition. The Petition was set for hearing and Petitioner was ordered to file supplemental papers correcting the errors noted. (Id.) On September 24, 2020, an Amended Petition was filed.

On November 5, 2020, the Court noted the Petition still included errors and that Respondent was not given notice of the hearing. (11/5/20 Minute Order.) Petitioner filed an Amended Petition on November 13, 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 it to be complete and the proposed settlement to be fair in light of Claimant’s injuries. The Court notes that the Amended Petition checked off Paragraph 20(b)(4), requesting that settlement proceeds of $4,416.72 be paid to minor Claimant’s parents. This appears to be in error because Petitioner previously requested that the money be deposited into a blocked account, because Petitioner’s proposed order filed with the Amended Petition requests that the settlement proceeds be deposited into a blocked account (MC-351, ¶ 8), and because Petitioner filed a second proposed order to Deposit Money into Blocked Account (MC-355).

The Summons and Complaint and Amended Petition were personally served on Respondent on November 11, 2020. (11/13/20 Amended Pet., Proof of Service.) As Petitioner has now addressed the Court’s concerns regarding service, this Petition is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Disputed Claim is GRANTED.

Petitioner is ordered to give notice.

Case Number: 20STLC05671    Hearing Date: November 05, 2020    Dept: 25

HEARING DATE: Thu., November 5, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Medina v. Arechiga COMP. FILED: 07-07-20

CASE NUMBER: 20STLC05671 DISC. C/O: 12-05-21

NOTICE: NO (hearing) MOTION C/O: 12-20-21

TRIAL DATE: 01-04-22

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM ON BEHALF OF MINOR

MOVING PARTY: Petitioner Juana Elizabeth Medina on behalf of minor Claimant Damian Medina

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of Disputed Claim is CONTINUED TO DEC 28, 2020 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 errors noted 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 November 3, 2020 [ ] Late [X] None

REPLY: None filed as of November 3, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 7, 2020, minor Plaintiff Damian Medina (“Claimant”), by and through his guardian ad litem Juana Elizabeth Medina (“Petitioner”), filed this action for damages against Defendant Maria D. Arechiga (“Respondent”). Petitioner was appointed as Claimant’s guardian ad litem on July 14, 2020. Petitioner thereafter filed the instant Expedited Petition to Approve Compromise of Disputed Claim (the “Petition”) on behalf of Claimant on August 31, 2020.

On September 15, 2020, the Court noted several errors in the Petition. The Petition was set for hearing and Petitioner was ordered to file supplemental papers correcting the errors noted. (Id.) On September 24, 2020, an Amended Petition was 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:

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Disputed Claim is CONTINUED TO DEC 28, 2020 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 errors noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.