This case was last updated from Los Angeles County Superior Courts on 11/19/2020 at 08:03:14 (UTC).

HEILY MORA VS BODEGA LATINA CORPORATION

Case Summary

On 02/07/2020 HEILY MORA filed a Personal Injury - Other Personal Injury lawsuit against BODEGA LATINA CORPORATION. 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:

    *******1247

  • Filing Date:

    02/07/2020

  • 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

HEILY MORA BY AND THROUGH HER GUARDIAN AD LITEM CLAUDIA ALVARADO

Defendant

BODEGA LATINA CORPORATION DBA EL SUPER

Attorney/Law Firm Details

Plaintiff Attorney

MACK JULIA

 

Court Documents

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

10/20/2020: 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)

11/2/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

Notice (name extension) - Notice Notice of Ruling

11/2/2020: Notice (name extension) - Notice Notice of Ruling

Notice (name extension) - Notice of Change of Firm Address

8/31/2020: Notice (name extension) - Notice of Change of Firm Address

Certificate of Mailing for - Certificate of Mailing for (Court Order Re:) of 09/16/2020

9/16/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re:) of 09/16/2020

Minute Order - Minute Order (Court Order Re:)

9/16/2020: Minute Order - Minute Order (Court Order Re:)

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

7/23/2020: 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

Proof of Personal Service - Proof of Personal Service

6/4/2020: Proof of Personal Service - Proof of Personal Service

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

4/6/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Heily

Summons - Summons on Complaint

4/7/2020: Summons - Summons on Complaint

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

2/18/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Heily

2/18/2020: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Heily

Complaint - Complaint

2/7/2020: Complaint - Complaint

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

2/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

2/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/7/2020: First Amended Standing Order - First Amended Standing Order

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Heily

2/10/2020: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Heily

5 More Documents Available

 

Docket Entries

  • 02/10/2023
  • Hearing02/10/2023 at 08:30 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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  • 08/06/2021
  • Hearing08/06/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/03/2020
  • Hearing12/03/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Expedited Petition to Confirm Compromise

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  • 11/02/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 12/03/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 11/02/2020
  • DocketNotice Notice of Ruling; Filed by: Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff); As to: Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff); Bodega Latina Corporation (Defendant)

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  • 11/02/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 11/02/2020
  • DocketOn the Court's own motion, Hearing on Expedited Petition to Confirm Compromise scheduled for 11/02/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 12/03/2020 10:30 AM

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  • 10/20/2020
  • 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: Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff); As to: Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff)

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  • 09/16/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 11/02/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 09/16/2020
  • DocketMinute Order (Court Order Re:)

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12 More Docket Entries
  • 02/10/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/10/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Heily: Status Date changed from 02/07/2020 to 02/10/2020; As To Parties changed from Bodega Latina Corporation (Defendant) to Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff)

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  • 02/10/2020
  • DocketNon-Jury Trial scheduled for 08/06/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/10/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/07/2020
  • DocketComplaint; Filed by: Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff); As to: Bodega Latina Corporation (Defendant)

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  • 02/07/2020
  • DocketCivil Case Cover Sheet; Filed by: Heily Mora, by and through her Guardian Ad Litem Claudia Alvarado (Plaintiff); As to: Bodega Latina Corporation (Defendant)

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  • 02/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/07/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Heily: Status Date changed from 02/10/2020 to 02/07/2020

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  • 02/07/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Heily: Status Date changed from 02/10/2020 to 02/07/2020

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Tentative Rulings

Case Number: 20STLC01247    Hearing Date: November 02, 2020    Dept: 25

HEARING DATE: Mon., November 2, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Mora v. Bodega Latina Corp. COMPL. FILED: 02-07-20

CASE NUMBER: 20STLC01247 DISC. C/O: 07-07-21

NOTICE: NO MOTION C/O: 07-22-21

TRIAL DATE: 08-06-21

PROCEEDINGS: PETITION TO APPROVE COMPROMISE OF PENDING ACTION 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 PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

As Defendant was given insufficient notice of the Petition to Approve Compromise of Pending Action, the hearing is CONTINUED TO DEC 3, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of October 29, 2020 [ ] Late [X] None

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

ANALYSIS:

  1. Background

On February 7, 2020, minor Plaintiff Heily Mora (“Claimant”), by and through her guardian ad litem Claudia Alvarado (“Petitioner”) filed this action for premises liability and general negligence against Defendant Bodega Latina Corporation dba El Super (“Defendant”). Petitioner was appointed as Claimant’s guardian ad litem on April 6, 2020. Petitioner then filed the instant Expedited Petition to Approve Compromise of Pending Action (the “Petition”) on behalf of Claimant on July 23, 2020.

On September 16, 2020, the Court noted several errors in the Petition and found that no proof of service was included demonstrating Defendant was served with the moving papers. (9/16/20 Minute Order.) Petitioner was ordered to file and serve an amended petition correcting the noted errors at least 16 court days before the scheduled. (Id.)

On October 20, 2020, Petitioner filed an Amended Petition, which was served on Defendant on October 19, 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 proposed Order Approving Compromise of Disputed Claim on Form MC-351 and proposed Order to Deposit Money into Blocked Account on Form MC-355 have also been filed.

However, the Amended Petition was served only ten court days before this hearing. Code of Civil Procedure section 1005 requires that moving papers be served at least 16 court days before the scheduled hearing, plus an additional five calendar days if the papers are served by mail. (Code Civ. Proc., § 1005, subd. (b).) Here, the Amended Petition, served by mail, should have been mailed no later than October 3, 2020. As the Amended Petition was not mailed until October 19, 2020, the Court finds Defendant was not given sufficient notice. (Code Civ. Proc., § 1005, subd. (b).) In addition, the proposed Order to Deposit Money into Blocked Account, Form MC-355, does not include a proof of service.

Accordingly, the Court cannot issue a ruling at this time and must instead CONTINUE the matter.

  1. Conclusion & Order

As Defendant was given insufficient notice of the Petition to Approve Compromise of Pending Action, the hearing is CONTINUED TO DEC 3, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Petitioner is ordered to give notice.