This case was last updated from Los Angeles County Superior Courts on 10/15/2020 at 01:50:39 (UTC).

DENIM JOHNSON, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, ROCHELLE FANTROY, ET AL. VS LAUREN DAY, ET AL.

Case Summary

On 08/14/2019 DENIM JOHNSON, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, ROCHELLE FANTROY filed a Personal Injury - Motor Vehicle lawsuit against LAUREN DAY. 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:

    *******7600

  • Filing Date:

    08/14/2019

  • 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

HILL AGATHA THOMPSON

JOHNSON DENIM A MINOR BY AND THROUGH HIS GUARDIAN AD LITEM ROCHELLE FANTROY

Defendants

DAY LAUREN

DAY JAMES

Attorney/Law Firm Details

Plaintiff Attorney

EISENBERG GARY C.

 

Court Documents

Notice (name extension) - Notice of Continuance of Hearing and Order

7/30/2020: Notice (name extension) - Notice of Continuance of Hearing and Order

Declaration (name extension) - Declaration of Gary C. Eisenberg in support of minors compromise of claims and request for fees - (Supplemental)

9/3/2020: Declaration (name extension) - Declaration of Gary C. Eisenberg in support of minors compromise of claims and request for fees - (Supplemental)

Declaration (name extension) - Declaration of Rochelle Fantroy in support of minors compromise

9/3/2020: Declaration (name extension) - Declaration of Rochelle Fantroy in support of minors compromise

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

10/13/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

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

7/21/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

Notice (name extension) - Notice of Continuance of Hearing and Order

4/28/2020: Notice (name extension) - Notice of Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice OF CONTINUANCE OF HEARING AND ORDER

4/6/2020: Notice (name extension) - Notice OF CONTINUANCE OF HEARING AND ORDER

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

2/19/2020: 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

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

1/31/2020: Minute Order - Minute Order (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF P...)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF P...) of 01/31/2020

1/31/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: EXPEDITED PETITION TO APPROVE COMPROMISE OF P...) of 01/31/2020

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

11/12/2019: 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

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

10/8/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

First Amended Standing Order - First Amended Standing Order

8/14/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

8/14/2019: Complaint - Complaint

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

8/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 08/17/2022
  • Hearing08/17/2022 at 10:30 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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  • 02/10/2021
  • Hearing02/10/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/17/2020
  • Hearing11/17/2020 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Expedited Petition to Confirm Compromise

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  • 10/13/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 10/13/2020
  • DocketOn the Court's own motion, Hearing on Expedited Petition to Confirm Compromise scheduled for 10/13/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/17/2020 11:00 AM

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  • 09/03/2020
  • DocketDeclaration of Gary C. Eisenberg in support of minors compromise of claims and request for fees - (Supplemental); Filed by: Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff)

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  • 09/03/2020
  • DocketDeclaration of Rochelle Fantroy in support of minors compromise; Filed by: Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff)

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  • 07/30/2020
  • DocketNotice of Continuance of Hearing and Order; Filed by: Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff); As to: Lauren Day (Defendant); James Day (Defendant)

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  • 07/21/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 07/21/2020
  • DocketOn the Court's own motion, Hearing on Expedited Petition to Confirm Compromise scheduled for 07/21/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/13/2020 10:30 AM

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11 More Docket Entries
  • 10/08/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 10/08/2019 to 10/08/2019; Result Date changed from 10/04/2019 to 10/08/2019; As To Parties changed from Agatha Thompson Hill (Plaintiff), Lauren Day (Defendant), James Day (Defendant) to Lauren Day (Defendant), Agatha Thompson Hill (Plaintiff), James Day (Defendant)

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  • 10/08/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by: Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff); Agatha Thompson Hill (Plaintiff); As to: Agatha Thompson Hill (Plaintiff); Lauren Day (Defendant); James Day (Defendant)

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  • 10/04/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Filed By: Agatha Thompson Hill (Plaintiff),Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff); Result: Granted; Result Date: 10/04/2019

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  • 08/15/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/15/2019
  • DocketNon-Jury Trial scheduled for 02/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/15/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff); Agatha Thompson Hill (Plaintiff); As to: Agatha Thompson Hill (Plaintiff); Lauren Day (Defendant); James Day (Defendant)

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  • 08/14/2019
  • DocketComplaint; Filed by: Denim Johnson, a minor, by and through his Guardian Ad Litem, Rochelle Fantroy (Plaintiff); Agatha Thompson Hill (Plaintiff); As to: Agatha Thompson Hill (Plaintiff); Lauren Day (Defendant); James Day (Defendant)

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Tentative Rulings

Case Number: 19STLC07600    Hearing Date: October 13, 2020    Dept: 25

HEARING DATE: Tue., October 13, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Johnson, et al. v. Day, et al. COMP. FILED: 08-14-19

CASE NUMBER: 19STLC07600 DISC. C/O: 01-11-21

NOTICE: NO MOTION C/O: 01-26-21

TRIAL DATE: 02-10-21

PROCEEDINGS: EXPEDITED PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

MOVING PARTY: Petitioner Rochelle Fantroy on behalf of minor Claimant Denim Johnson

RESP. PARTY: None

EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC Rule 7.950.5)

TENTATIVE RULING:

The Petition to Approve Compromise of a Disputed Claim is CONTINUED TO NOV 17, 2020 at 11:00 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 deficiencies noted herein. Failure to do so will 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 October 6, 2020 [ ] Late [X] None

REPLY: None filed as of October 6, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 14, 2019, Plaintiff Agatha Thompson Hill and minor Plaintiff Denim Johnson (“Claimant”), by and through his guardian ad litem Rochelle Fantroy (“Petitioner”) filed an action for motor vehicle negligence and general negligence against Defendants Lauren Day and James Day (collectively, “Defendants”). On October 8, 2019, Petitioner was appointed Claimant’s guardian ad litem.

On November 12, 2019, Petitioner filed an Expedited Petition to Approve Minor’s Compromise of Disputed Claim (the “Petition”). On January 31, 2020, the Court found that the Petition did not include a proof of service or required attachments. (1/31/20 Minute Order.)

On February 19, 2020, Petitioner re-filed the Petition. At the hearing on July 21, 2020, the Court noted several deficiencies. (7/21/20 Minute Order.) Specifically, the Court noted that it was unclear whether Claimant’s counsel also represented Defendants in this matter, that the medical report submitted did not include a prognosis or report of Claimant’s present condition, that no copy of a written fee agreement was included, and that although a proof of service was attached, the Petition was served on an insurance representative rather than Defendants themselves. (Id.) On September 3, 2020, Petitioner filed two supplemental declarations.

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.)

As noted above, Petitioner filed two supplemental declarations in response to the Court’s July 21, 2020 Order. Claimant’s counsel provides a copy of the Retainer Agreement in his supplemental declaration and clarifies that he does not represent Defendants in this matter. (9/3/20 Supp. Eisenberg Decl., ¶ 2, Exh. 1.) However, Claimant’s counsel did not explain why he received attorney’s fees or other compensation from Defendants in the amount of $1,300.00 on August 30, 2019 for services provided in connection with the claim giving rise to this Petition. (Pet., ¶ 19(b).)

Claimant’s counsel also explains that the Petition and supplemental papers were not served on Defendants themselves because counsel’s office has been communicating with Mitchel Hudson from Traveler’s Insurance with whom this matter was settled. (Id. at ¶ 6.) Still, Mr. Hudson is not Defendants’ legal representative, and the Petition and supplemental papers should have been served on Defendants themselves.

In addition, in lieu of a doctor’s report regarding minor Claimant’s prognosis or current condition, Petitioner attaches her own declaration stating that since the initial hospital visit, Claimant has not returned to the doctor and that she has not noticed any changes in Claimant’s behavior since the accident. (9/3/20 Supp. Fantroy Decl., ¶¶ 5, 6.) However, the Petition expressly requires a medical report to describe the minor’s prognosis or current condition. (Pet., ¶ 10 [“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 10. A new report is not necessary so long as a previous report accurately describes the claimant’s condition”].) (Emphasis added.)

Petitioner admits in her supplemental declaration that the medical report submitted with the Petition is silent as to Claimant’s prognosis. (9/3/20 Supp. Fantroy Decl., ¶ 4.) The medical report submitted also does not describe Claimant’s condition. Specifically, the attached medical report notes that Claimant suffers from daily headaches, but the Petition states that Claimant has fully recovered from the effects of the injuries. (Pet., ¶ 10, Attach. 10.) The Court cannot accept Petitioner’s declaration in lieu of the required medical report detailing Claimant’s prognosis or current condition.

Thus, the Court will continue the hearing one last time to allow Petitioner the opportunity to correct these deficiencies.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Disputed Claim is CONTINUED TO NOV 17, 2020 at 11:00 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 deficiencies noted herein. Failure to do so will result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STLC07600    Hearing Date: July 21, 2020    Dept: 25

EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC Rule 7.950.5)

TENTATIVE RULING:

The Petition to Approve Compromise of a Disputed Claim is CONTINUED TO OCTOBER 13, 2020 at 10:30 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 deficiencies 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 July 17, 2020 [ ] Late [X] None

REPLY: None filed as of July 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 14, 2019, Plaintiff Agatha Thompson Hill and minor Plaintiff Denim Johnson (“Claimant”), by and through his guardian ad litem Rochelle Fantroy (“Petitioner”) filed an action for motor vehicle negligence and general negligence against Defendants Lauren Day and James Day (collectively, “Defendants”). On October 8, 2019, Petitioner was appointed Claimant’s guardian ad litem.

On November 12, 2019, Petitioner filed an Expedited Petition to Approve Minor’s Compromise of Disputed Claim (the “Petition”). On January 31, 2020, the Court that the Petition did not include a proof of service or required attachments. (1/31/20 Minute Order.)

On February 19, 2020, Petitioner re-submitted 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. (See Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) “[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.” (Code Civ. Proc., § 372.) Furthermore, a petition for court approval of a compromise of a minor must be fully completed. (See California Rules of Court, rule 7.950.5)

Having reviewed the Petition, the Court finds that Petitioner is not eligible to file an Expedited Petition and must file Form MC-350. Specifically, counsel for Claimant is also being compensated by Defendants. (Form MC-350 EX, ¶ 19.) It appears that Claimant’s counsel is also representing Defendants, but Form MC-350EX cannot be used when Claimant’s attorney is also representing a defendant in the matter. (Cal. Rules of Court, rule 7.950.5, subd. (a)(6).) Instead, Petitioner must file form MC-350 and include Attachment 19a. (Id. at ¶ 19(a).) The Court also notes that although Attachment 10 includes a diagnosis of Claimant’s injuries, it does not include a prognosis or a report of Claimant’s present condition. Further, although Claimant’s counsel includes a declaration explaining the basis for his request for attorney’s fees, he did not include a copy of the written fee agreement as required. (Id. at ¶ 15.) Lastly, the Proof of Service submitted demonstrates that Mitch Hudson with Travelers Northern California Claims Center was served with this Petition, but it is not clear why he was served.

Accordingly, Petitioner is ordered to re-file the Petition on the correct form and include all required attachments.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Disputed Claim is CONTINUED TO OCTOBER 13, 2020 at 10:30 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 deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.