On 02/25/2019 ETHAN MICHAEL filed a Personal Injury - Uninsured Motor Vehicle lawsuit against TODAY'S MONTESSORI. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.
*******2055
02/25/2019
Other
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
MICHAEL ETHAN
TODAY'S MONTESSORI
MICHAEL ETHAN O.
Attorney at LEBEDEV, MICHAEL & HELMI, A PLC
10999 Riverside Dr., Suite 201
Studio City, CA 91602
3/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition of Leor Michael on behalf of Minor Claima...) of 03/09/2020
3/9/2020: Minute Order - Minute Order (Hearing on Petition of Leor Michael on behalf of Minor Claima...)
3/9/2020: 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
2/6/2020: 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
12/9/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise of Pendin...) of 12/09/2019
12/9/2019: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise of Pendin...)
10/10/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
10/2/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
8/2/2019: Notice (name extension) - Notice of continuance of hearing on expedited petition to confirm compromise
7/29/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/24/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Liv
6/6/2019: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise of Pendin...)
6/6/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Expedited Petition to Confirm Compromise of Pendin...) of 06/06/2019
5/6/2019: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim
5/8/2019: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt
4/24/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Liv
4/11/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 04/11/2019
2/25/2019: 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
DocketUpdated -- Ethan O. Michael (Attorney): Last Name changed from Michael to Michael
DocketAddress for Ethan O. Michael (Attorney) null
DocketNon-Jury Trial scheduled for 08/24/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/24/2020
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/28/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/24/2020
DocketOn the Complaint filed by Ethan Michael on 02/25/2019, entered Request for Dismissal with prejudice filed by Ethan Michael as to the entire action
DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by: Ethan Michael (Plaintiff); As to: Ethan Michael (Plaintiff); Today's Montessori (Defendant)
DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by: Ethan Michael (Plaintiff); As to: Ethan Michael (Plaintiff)
DocketUpdated -- Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous): Filed By: Ethan Michael (Plaintiff); Result: Signed and Filed; Result Date: 03/09/2020; As To Parties changed from Ethan Michael (Plaintiff) to Ethan Michael (Plaintiff)
DocketMinute Order (Hearing on Petition of Leor Michael on behalf of Minor Claima...)
DocketCertificate of Mailing for (Hearing on Petition of Leor Michael on behalf of Minor Claima...) of 03/09/2020; Filed by: Clerk
DocketNotice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Liv; Filed by:
DocketApplication And Order For Appointment of Guardian Ad Litem for Liv - Rejected; Submitted by: Ethan Michael (Plaintiff); As to: Ethan Michael (Plaintiff)
DocketHearing on Expedited Petition to Confirm Compromise of Pending Action on Behalf of a Minor scheduled for 06/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Court Order)
DocketCertificate of Mailing for Minute Order (Court Order) of 04/11/2019; Filed by: Clerk
DocketNon-Jury Trial scheduled for 08/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketExpedited 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: Ethan Michael (Plaintiff); As to: Today's Montessori (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 19STLC02055 Hearing Date: March 09, 2020 Dept: 26
Michael v. Today’s Montessori, et al.
PETITION TO APPROVE COMPROMISE OF PENDING ACTION
(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)
TENTATIVE RULING:
Ruling on Expedited Petition of Leor Michael on behalf of Minor Claimant Liv Michael to Approve Minor’s Compromise of Claim to be made at the hearing. Petitioner is to prepare a corrected proposed order on Form MC-351 and present it to the Court at the hearing on March 9, 2020. Failure to do so may result in the Expedited Petition being placed off calendar or denied. Petitioner must also clarify at the hearing whether the settlement agreement has been amended to reflect the amount set forth in the Expedited Petition.
ANALYSIS:
On February 25, 2019, minor Plaintiff Liv Michael (“Claimant”), by and through Ethan O. Michael (“Ethan”), filed an Expedited Petition to Approve Compromise of Pending Action on Behalf of Minor with respect to injuries Claimant sustained as a result of an allergic reaction she had at Today’s Montessori Preschool (“Respondent”). Following multiple denials of Ethan’s Petitions, the Court appointed Leor Michael (“Leor”) as Claimant’s guardian ad litem on June 24, 2019. Leor filed an Expedited Petition to Approve Compromise of Pending Action on Behalf of Minor on January 21, 2020.
On February 4, 2020, the Court issued a detailed minute order regarding Leor Michael’s Expedited Petition and the defects therein. The Court set a hearing on the Expedited Petition for March 9, 2020. On February 6, 2020, Leor filed the instant an Expedited Petition to Approve Compromise of Pending Action on Behalf of Minor.
“When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person 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).) Court approval is required for all settlements of a minor’s claim. (See Prob. Code §§ 3500, 3600, et seq.; CCP § 372.)
Having reviewed the Expedited Petition, the Court finds it to be complete and to provide a reasonable settlement to Claimant in light of her injuries and prognosis. However, the proposed order appears to reflect errors from Leor’s earlier Expedited Petitioner. For example, the proposed order indicates the gross settlement amount is $5,411.63 when the Petition states the gross settlement is $5,398.98. (Order, ¶7(a); Petition, ¶12(a).) The proposed order also indicates Petitioner should be reimbursed $5,405.63 for medical and all other expenses, but the Petition states the amount of reimbursement should be $5,398.98. (Order, ¶7(c)(1)(b); Petition, ¶16(b).) Third, the proposed order seeks reimbursement of $474.00 for fees and expenses, when the amount sought in the Petition is $467.35. (Order, ¶7(e); Petition, ¶15(b).)
Finally, the Court notes that the settlement agreement attached to the Expedited Petition does not provide for the same gross settlement amount as stated in the Expedited Petition. (Petition, Attachment 12, § 2.1.) The agreement only provides for a settlement of $4,900.00. (Ibid.)
In light of the foregoing, a ruling on the Expedited Petition will be made at the hearing. Petitioner is to prepare a corrected proposed order and present it to the Court at the hearing on March 9, 2020. Failure to do so may result in the Expedited Petition being placed off calendar or denied. Petitioner must also clarify at the hearing whether the settlement agreement has been amended to reflect the amount set forth in the Expedited Petition.
Court clerk to give notice.
Case Number: 19STLC02055 Hearing Date: December 09, 2019 Dept: 94
Michael v. Today’s Montessori, et al.
PETITION TO APPROVE COMPROMISE OF PENDING ACTION
(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)
TENTATIVE RULING:
Expedited Petition of Ethan O. Michael on behalf of Minor Claimant Liv Michael to Approve Minor’s Compromise of Claim is DENIED.
ANALYSIS:
On February 25, 2019, minor Plaintiff Liv Michael (“Claimant”), by and through Ethan O. Michael (“Petitioner”), filed the instant Expedited Petition to Approve Compromise of Pending Action on Behalf of Minor with respect to injuries Claimant sustained as a result of an allergic reaction she had at Today’s Montessori Preschool (“Respondent”).
“When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person 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).) Court approval is required for all settlements of a minor’s claim. (See Prob. Code §§ 3500, 3600, et seq.; CCP § 372.)
On April 11, 2019, the court issued an order finding it could not grant the Expedited Petition because Petitioner had not applied to be, nor had the Court appointed him as, Claimant’s guardian ad litem. The court noted that Petitioner must first be appointed as Claimant’s guardian ad litem, or must submit a declaration satisfying Cal. Probate Code section 3500 in order to bring this Petition, if he does not wish to be appointed as Claimant’s guardian ad litem.
At the following hearing on the Petition, held on June 6, 2019, the Court continued the matter to August 8, 2019. On June 24, 2019, the Court granted the application of Leor Michael to be Claimant’s guardian ad litem. The matter was then continued twice to the current hearing date of December 9, 2019. To date, no amended Petition naming Leor Michael as the petitioner has been filed. Accordingly, the Petition brought by Petitioner Ethan Michael still cannot be granted as he was never appointed Claimant’s guardian ad litem, nor did he submit a declaration satisfying Cal. Probate Code section 3500.
Therefore, the Expedited Petition to Approve Compromise of Pending Action on Behalf of Minor brought by Petitioner Ethan Michael is DENIED.
Court clerk to give notice.