This case was last updated from Los Angeles County Superior Courts on 07/29/2020 at 04:56:42 (UTC).

HALIA NIEZ-ROBLES VS CAROL JEAN KIM

Case Summary

On 05/08/2019 HALIA NIEZ-ROBLES filed a Personal Injury - Other Personal Injury lawsuit against CAROL JEAN KIM. 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:

    *******4527

  • Filing Date:

    05/08/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

NIEZ-ROBLES HALIA

Defendant

KIM CAROL JEAN

Attorney/Law Firm Details

Plaintiff Attorneys

AYRAPETYAN EDWIN

TOPCHYAN ARUTYUN

 

Court Documents

Minute Order - Minute Order (Hearing on Petition of Pedro Robles to Approve Compromise of ...)

7/27/2020: Minute Order - Minute Order (Hearing on Petition of Pedro Robles to Approve Compromise of ...)

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

4/21/2020: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

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

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Petition of Pedro Robles to Approve Compromise of ...)

3/2/2020: Minute Order - Minute Order (Hearing on Petition of Pedro Robles to Approve Compromise of ...)

Application (name extension) - Application Order for Guardian ad litem re: Halia

1/6/2020: Application (name extension) - Application Order for Guardian ad litem re: Halia

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

12/2/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Minor's Compromise) of 12/02/2019

12/2/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Minor's Compromise) of 12/02/2019

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing Guardian Ad Litem(Halia)

10/24/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing Guardian Ad Litem(Halia)

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

10/24/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

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

8/26/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

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

5/8/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

5/8/2019: First Amended Standing Order - First Amended Standing Order

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

5/8/2019: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

2 More Documents Available

 

Docket Entries

  • 05/11/2022
  • Hearing05/11/2022 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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  • 11/04/2020
  • Hearing11/04/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/27/2020
  • DocketMinute Order (Hearing on Petition of Pedro Robles to Approve Compromise of ...)

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  • 07/27/2020
  • DocketHearing on Petition of Pedro Robles to Approve Compromise of Pending Action on Behalf of Minor Claimant Halia Niez-Robles scheduled for 07/27/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/27/2020; Result Type to Held

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  • 04/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/21/2020
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by: Halia Niez-Robles (Plaintiff); As to: Carol Jean Kim (Defendant)

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  • 04/21/2020
  • DocketReset - Court Unavailable, Hearing on Petition of Pedro Robles to Approve Compromise of Pending Action on Behalf of Minor Claimant Halia Niez-Robles scheduled for 05/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/27/2020 09:00 AM

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  • 04/02/2020
  • DocketHearing on Petition of Pedro Robles to Approve Compromise of Pending Action on Behalf of Minor Claimant Halia Niez-Robles scheduled for 05/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 04/02/2020
  • DocketOn the Court's own motion, Hearing on Petition of Pedro Robles to Approve Compromise of Pending Action on Behalf of Minor Claimant Halia Niez-Robles scheduled for 03/02/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/12/2020 10:30 AM

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  • 03/02/2020
  • DocketMinute Order (Hearing on Petition of Pedro Robles to Approve Compromise of ...)

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8 More Docket Entries
  • 08/26/2019
  • DocketOn the Court's own motion, Hearing on Petition to Confirm Minor's Compromise scheduled for 08/26/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 12/02/2019 10:30 AM

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  • 08/26/2019
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 12/02/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/26/2019
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise)

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  • 07/03/2019
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 08/26/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketNon-Jury Trial scheduled for 11/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/08/2019
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by: Halia Niez-Robles (Plaintiff); As to: Carol Jean Kim (Defendant)

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  • 05/08/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/08/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04527    Hearing Date: July 27, 2020    Dept: 25

HEARING DATE: Mon., July 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Niez-Robles v. Kim PET. FILED: 05-08-19

CASE NUMBER: 19STLC04527 DISC. C/O: 10-05-20

NOTICE: OK MOTION C/O: 10-20-20

TRIAL DATE: 11-04-20

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

MOVING PARTY: Petitioner Pedro Robles on behalf of minor Claimant Halia Niez-Robles

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 a Disputed Claim is CONTINUED TO OCTOBER 14, 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 is to file supplemental papers correcting the deficiencies identified herein. Failure to do so will 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 July 24, 2020 [ ] Late [X] None

REPLY: None filed as of July 24, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 8, 2019, Petitioner Pedro Robles (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim on behalf of minor Claimant Halia Niez-Robles (“Claimant”) against Respondent Carol Jean Kim (“Respondent”).

Following the initial hearing on August 26, 2019, the Court continued the matter to allow Petitioner to correct certain deficiencies in the Petition, including the rejection of Petitioner’s application to be appointed Claimant’s guardian ad litem. (8/26/19 Minute Order.) A second Petition was filed on October 4, 2019. On December 2, 2019, the Court continued the matter again because the application to be appointed Claimant’s guardian ad litem had been rejected a second time. (12/2/19 Minute Order.) On January 6, 2020, Petitioner’s third application to be appointed Claimant’s guardian ad litem was approved.

On March 2, 2020, the Court found that the Petition was incomplete and that Petitioner had failed to include a proof of service, so the hearing was continued to May 21, 2020 at 10:30 a.m. (3/2/20 Minute Order.)

On April 21, 2020, Petitioner filed an Amended Petition with a proof of service. That same day, the Court, on its own motion, continued the hearing to July 27, 2020 at 9:00 a.m. (4/21/20 Notice re Continuance of Hearing and Order.) Petitioner was ordered to give notice of the continuance and to file a proof of service demonstrating it gave such notice. (Id.)

To date, Petitioner has not filed the requested proof of service and Respondent has not filed an opposition.

  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.)

Having reviewed the Petition, the Court notes the following errors:

In addition, Petitioner did not file a proof of service demonstrating it gave notice of the April 21 continuance as ordered. Should Respondent wish to oppose this Petition in person, she will be unable to do so.

Petitioner is ordered to correct these errors.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Disputed Claim is CONTINUED TO OCTOBER 14, 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 is to file supplemental papers correcting the deficiencies identified herein. Failure to do so will result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.

Case Number: 19STLC04527    Hearing Date: March 02, 2020    Dept: 25

PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

Petition to Approve Compromise of a Disputed Claim is CONTINUED TO MAY 12, 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 is to file supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

ANALYSIS:

  1. Background

On May 8, 2019, Petitioner Pedro Robles (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim on behalf of minor Claimant Halia Niez-Robles (“Claimant”) against Respondent Carol Jean Kim (“Respondent”).

Following the initial hearing on August 26, 2019, the Court continued the matter to allow Petitioner to correct certain deficiencies in the Petition, including the rejection of Petitioner’s application to be appointed Claimant’s guardian ad litem. (8/26/19 Minute Order.) Petitioner filed a second Petition on October 4, 2019.

On December 2, 2019, the Court continued the matter again because the application to be appointed Claimant’s guardian ad litem had been rejected a second time. (12/2/19 Minute Order.)

On January 6, 2020, Petitioner’s third application to be appointed Claimant’s guardian ad litem was approved.

  1. Legal Standard

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.)

  1. Discussion

Having reviewed the Petition, the Court finds that it is incomplete as follows:

Accordingly, Petitioner is ordered to file an amended Petition correcting these deficiencies. Petitioner is urged to ensure the amended Petition is fully completed and that all monetary amounts are correct before submitting a third time.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Disputed Claim is CONTINUED TO MAY 12, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 days before the next scheduled hearing, Petitioner is to file supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STLC04527    Hearing Date: December 02, 2019    Dept: 94

Niez-Robles v. Kim, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

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

TENTATIVE RULING:

Petition of Pedro Robles on behalf of minor Claimant Halia Niez-Robles to Approve Minor’s Compromise of Claim is GRANTED.

ANALYSIS:

On May 8, 2019, Petitioner Pedro Robles (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim on behalf of minor Claimant Halia Niez-Robles (“Claimant”) against Respondent Carol Jean Kim (“Respondent”). Following the initial hearing on August 26, 2019, the Court continued the matter to allow Petitioner to correct certain deficiencies. Petitioner filed a second Petition on October 4, 2019.

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.” (CCP § 372.)

Petitioner’s first application to be appointed as Claimant’s guardian ad litem, filed on October 24, 2019, was rejected. A second application filed on November 12, 2019 was granted. A review of the settlement demonstrates that it is reasonable and provides minor Plaintiff with a significant sum in light of the injuries sustained. Therefore, the Petition is granted.

Moving party to give notice.

Moving party to give notice.