This case was last updated from Los Angeles County Superior Courts on 09/18/2020 at 01:31:04 (UTC).

FERNANDO LEMUS, ET AL. VS ABENCIO Q MARTINEZ, ET AL.

Case Summary

On 07/25/2019 FERNANDO LEMUS filed a Personal Injury - Motor Vehicle lawsuit against ABENCIO Q MARTINEZ. 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:

    *******6912

  • Filing Date:

    07/25/2019

  • 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

LEMUS MARLON MEJIA

LEMUS FERNANDO

Defendants

VIRGEN MARIA

MARTINEZ ABENCIO Q

AND DOES 1 THROUGH 50 INCLUSIVE

Attorney/Law Firm Details

Plaintiff Attorney

LERMAN STEVEN ALAN

 

Court Documents

Minute Order - Minute Order (Hearing on Motion - Other Petition for Minors Compromise)

9/16/2020: Minute Order - Minute Order (Hearing on Motion - Other Petition for Minors Compromise)

Minute Order - Minute Order (Hearing on Motion - Other Petition for Minors Compromise)

7/1/2020: Minute Order - Minute Order (Hearing on Motion - Other Petition for Minors Compromise)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other Petition for Minors Compromise) of 07/01/2020

7/1/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other Petition for Minors Compromise) of 07/01/2020

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/17/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Ruling - Notice of Ruling

6/18/2020: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration of Nicholas Lerman Re: Recent Medical Report For Minor Marlon Lemus

4/13/2020: Declaration (name extension) - Declaration of Nicholas Lerman Re: Recent Medical Report For Minor Marlon Lemus

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion - Other Petition for Minors Compromise)

2/13/2020: Minute Order - Minute Order (Hearing on Motion - Other Petition for Minors Compromise)

Petition (name extension) - Petition Petition To Approve Compromise Of Pending Action

12/18/2019: Petition (name extension) - Petition Petition To Approve Compromise Of Pending Action

Summons - Summons on Complaint

8/23/2019: Summons - Summons on Complaint

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

8/16/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Marlon

First Amended Standing Order - First Amended Standing Order

7/25/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

7/25/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

7/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 07/28/2022
  • Hearing07/28/2022 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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  • 01/21/2021
  • Hearing01/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/16/2020
  • DocketMinute Order (Hearing on Motion - Other Petition for Minors Compromise)

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  • 09/16/2020
  • DocketHearing on Motion - Other Petition for Minors Compromise scheduled for 09/16/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/16/2020; Result Type to Held

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  • 07/01/2020
  • DocketCertificate of Mailing for (Hearing on Motion - Other Petition for Minors Compromise) of 07/01/2020; Filed by: Clerk

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  • 07/01/2020
  • DocketMinute Order (Hearing on Motion - Other Petition for Minors Compromise)

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  • 07/01/2020
  • DocketOn the Court's own motion, Hearing on Motion - Other Petition for Minors Compromise scheduled for 07/01/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court Congestion was rescheduled to 09/16/2020 09:30 AM

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  • 06/18/2020
  • DocketNotice of Ruling; Filed by: Fernando Lemus (Plaintiff); Marlon Mejia Lemus (Plaintiff)

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  • 06/17/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Fernando Lemus (Plaintiff); Marlon Mejia Lemus (Plaintiff); As to: Abencio Q Martinez (Defendant)

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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6 More Docket Entries
  • 12/18/2019
  • DocketPetition Petition To Approve Compromise Of Pending Action; Filed by: Marlon Mejia Lemus (Plaintiff); As to: Abencio Q Martinez (Defendant); Maria Virgen (Defendant); and DOES 1 through 50, Inclusive (Defendant)

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  • 08/23/2019
  • DocketSummons on Complaint; Issued and Filed by: Fernando Lemus (Plaintiff); Marlon Mejia Lemus (Plaintiff); As to: Abencio Q Martinez (Defendant); Maria Virgen (Defendant); and DOES 1 through 50, Inclusive (Defendant)

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  • 08/16/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Marlon; Signed and Filed by: Fernando Lemus (Plaintiff); As to: Marlon Mejia Lemus (Plaintiff)

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  • 07/29/2019
  • DocketNon-Jury Trial scheduled for 01/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/29/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/25/2019
  • DocketComplaint; Filed by: Fernando Lemus (Plaintiff); Marlon Mejia Lemus (Plaintiff); As to: Marlon Mejia Lemus (Plaintiff); Abencio Q Martinez (Defendant); Maria Virgen (Defendant) et al.

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  • 07/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Fernando Lemus (Plaintiff); Marlon Mejia Lemus (Plaintiff); As to: Marlon Mejia Lemus (Plaintiff); Abencio Q Martinez (Defendant); Maria Virgen (Defendant) et al.

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  • 07/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06912    Hearing Date: September 16, 2020    Dept: 25

HEARING DATE: Wed., September 16, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Lemus, et al. v. Martinez, et al. COMP. FILED: 07-25-19

CASE NUMBER: 19STLC06912 DISC. C/O: 12-22-20

NOTICE: NO MOTION C/O: 01-06-21

TRIAL DATE: 01-21-21

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

MOVING PARTY: Petitioner Fernando Lemus on behalf of minor Claimant Marlon Mejia

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)

TENTATIVE RULING:

The Petition to Approve Compromise of Pending Action is PLACED OFF CALENDAR.

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 September 14, 2020 [ ] Late [X] None

REPLY: None filed as of September 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On July 25, 2019, minor Plaintiff Marlon Mejia (“Claimant”), through his guardian ad litem and Plaintiff Fernando Lemus (“Petitioner”) filed the instant action for personal injury arising from a motor vehicle accident against Defendants Abenicio Martinez and Maria Virgen (collectively, “Defendants”). Petitioner was appointed as Claimant’s Guardian Ad Litem on August 16, 2019. Petitioner filed the instant Petition to Approve Compromise of Pending Action (the “Petition”) on December 18, 2019.

On February 13, 2020, the Court found that the Petition was incomplete. (2/13/20 Minute Order.) Specifically, the Court noted the Petition did not contain a doctor’s prognosis and report of Claimant’s present condition as required by paragraph 9, that item 13 was checked but left blank, and that no proof of service was included demonstrating the Petition was served on Defendants. (Id.)

On April 18, 2020, the Court, on its own motion, continued the hearing to July 1, 2020 at 8:30 a.m., and ordered Plaintiffs to give Defendants notice of the continued hearing. (4/18/20 Notice re Continuance.) On June 18, 2020, Plaintiffs filed the requested proof of service demonstrating that on June 17, 2020, they gave notice of the hearing changes. (6/18/20 Proof of Service.) No opposition was filed.

At the hearing on July 1, 2020, the Court noted several errors in the Petition and that no proof of service was filed demonstrating the Petition or the supplemental papers filed on April 13, 2020 were served on Defendants. (7/1/20 Minute Order.) The Court continued the hearing one last time to allow Petitioner to correct these deficiencies and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)

To date, Petitioner has not filed any supplemental papers. Accordingly, this Petition is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Pending Action is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC06912    Hearing Date: September 15, 2020    Dept: 25

HEARING DATE: Wed., September 16, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Lemus, et al. v. Martinez, et al. COMP. FILED: 07-25-19

CASE NUMBER: 19STLC06912 DISC. C/O: 12-22-20

NOTICE: NO MOTION C/O: 01-06-21

TRIAL DATE: 01-21-21

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

MOVING PARTY: Petitioner Fernando Lemus on behalf of minor Claimant Marlon Mejia

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)

TENTATIVE RULING:

The Petition to Approve Compromise of Pending Action is PLACED OFF CALENDAR.

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 September 14, 2020 [ ] Late [X] None

REPLY: None filed as of September 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On July 25, 2019, minor Plaintiff Marlon Mejia (“Claimant”), through his guardian ad litem and Plaintiff Fernando Lemus (“Petitioner”) filed the instant action for personal injury arising from a motor vehicle accident against Defendants Abenicio Martinez and Maria Virgen (collectively, “Defendants”). Petitioner was appointed as Claimant’s Guardian Ad Litem on August 16, 2019. Petitioner filed the instant Petition to Approve Compromise of Pending Action (the “Petition”) on December 18, 2019.

On February 13, 2020, the Court found that the Petition was incomplete. (2/13/20 Minute Order.) Specifically, the Court noted the Petition did not contain a doctor’s prognosis and report of Claimant’s present condition as required by paragraph 9, that item 13 was checked but left blank, and that no proof of service was included demonstrating the Petition was served on Defendants. (Id.)

On April 18, 2020, the Court, on its own motion, continued the hearing to July 1, 2020 at 8:30 a.m., and ordered Plaintiffs to give Defendants notice of the continued hearing. (4/18/20 Notice re Continuance.) On June 18, 2020, Plaintiffs filed the requested proof of service demonstrating that on June 17, 2020, they gave notice of the hearing changes. (6/18/20 Proof of Service.) No opposition was filed.

At the hearing on July 1, 2020, the Court noted several errors in the Petition and that no proof of service was filed demonstrating the Petition or the supplemental papers filed on April 13, 2020 were served on Defendants. (7/1/20 Minute Order.) The Court continued the hearing one last time to allow Petitioner to correct these deficiencies and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)

To date, Petitioner has not filed any supplemental papers. Accordingly, this Petition is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Pending Action is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC06912    Hearing Date: July 01, 2020    Dept: 25

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)

TENTATIVE RULING:

The Petition to Approve Compromise of Pending Action is CONTINUED TO SEPTEMBER 16,2020 AT 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the new hearing date, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to comply with the Court’s order 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 June 29, 2020 [ ] Late [X] None

REPLY: None filed as of June 29, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 25, 2019, minor Plaintiff Marlon Mejia (“Claimant”), through his guardian ad litem and Plaintiff Fernando Lemus (“Petitioner”) filed the instant action for personal injury arising from a motor vehicle accident against Defendants Abenicio Martinez and Maria Virgen (collectively, “Defendants”). Petitioner was appointed as Claimant’s Guardian Ad Litem on August 16, 2019. Petitioner filed the instant Petition to Approve Compromise of Pending Action (the “Petition”) on December 18, 2019.

On February 13, 2020, the Court found that the Petition was incomplete. (2/13/20 Minute Order.) Specifically, it noted that it did not contain a doctor’s prognosis and report of Claimant’s present condition as required by paragraph 9, that item 13 was checked but left blank, and that no proof of service was included demonstrating the Petition was served on Defendants. (Id.)

On April 18, 2020, the Court, on its own motion, continued the hearing to July 1, 2020 at 8:30 a.m., and ordered Plaintiffs to give Defendants notice of the change. (4/18/20 Notice re Continuance.) On June 18, 2020, Plaintiffs filed the requested proof of service demonstrating that on June 17, 2020, they gave notice of the changes. (6/18/20 Proof of Service.)

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.)

On April 13, 2020, Plaintiffs’ counsel filed a supplemental declaration and attached a medical report from Claimant’s pediatrician, indicating that Claimant developed a scar over one of his thigs, but is otherwise in good health. (Lerman Decl., ¶ 4, Attach. 9A.)

However, Petitioner did not address the fact that item 13(b) indicating he paid medical expenses is checked, but left blank. In addition, item 13(b)(4) indicates that a $28.42 reimbursement will be made to Medi-Cal, but Petitioner did not include this amount in item 13(a)(2), which asks for Petitioner to indicate the total amount of medical expenses to be paid from the settlement proceeds. Furthermore, Petitioner did not file a proof of service for the Petition or the supplemental declaration filed on April 13, 2020.

Thus, the Court will continue the hearing once more to allow Petitioner to correct the errors noted above. Failure to obey the Court’s orders will result in the Petition being placed off calendar or denied.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Pending Action is CONTINUED TO SEPTEMBER 16, 2020 AT 9:30 a.m. in Department 25 at the SPRING

Case Number: 19STLC06912    Hearing Date: February 13, 2020    Dept: 25

TENTATIVE RULING:

The Petition to Approve Compromise of Pending Action is CONTINUED TO APRIL 27, 2020, AT 10:30 A.M. in Department 25, SPRING STREET COURTHOUSE. At least 16 court days before the new hearing date, Petitioner is to file and serve supplemental papers that correct the deficiencies identified herein. Failure to comply with the Court’s order may result in the Petition being placed off calendar or denied.

ANALYSIS:

  1. Background

On July 25, 2019, minor Plaintiff Marlon Mejia (“Claimant”), purportedly through his guardian ad litem Fernando Lemus (“Petitioner”) filed the instant action for personal injury arising from a motor vehicle accident against Defendants Abenicio Martinez and Maria Virgen (collectively, “Defendants”). Petitioner was appointed as Claimant’s Guardian Ad Litem on August 16, 2019. Petitioner filed the instant Petition to Approve Compromise of Pending Action (the “Petition”) on December 18, 2019.

  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 Cal. Rules of Court, rule 7.950.) Having reviewed the Petition, the Court finds that it is incomplete as follows:

Accordingly, Petitioner is ordered to file and serve supplemental papers correcting these deficiencies.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of Pending Action is CONTINUED TO APRIL 27, 2020, AT 10:30 A.M. in Department 25, SPRING STREET COURTHOUSE. At least 16 court days before the new hearing date, Petitioner is to file and serve supplemental papers that correct the deficiencies identified herein. Failure to comply with the Court’s order may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.