This case was last updated from Los Angeles County Superior Courts on 10/12/2021 at 05:27:03 (UTC).

LILSS CHAN, ET AL. VS EDWIN CARDENAS

Case Summary

On 04/04/2018 LILSS CHAN filed a Personal Injury - Motor Vehicle lawsuit against EDWIN CARDENAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5244

  • Filing Date:

    04/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiffs

CHAN MASON

CHAN LILSS

Defendant

CARDENAS EDWIN

Attorney/Law Firm Details

Plaintiff Attorney

MCLEOD STEPHEN RICHARD

Defendant Attorneys

BORROMEO IRENE G

DUNKIN CRAIG LEE

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for [Order to Deposit Money Into Blocked Account]

7/15/2021: Certificate of Mailing for - Certificate of Mailing for [Order to Deposit Money Into Blocked Account]

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

6/4/2021: 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

Order to Show Cause (Hearing) - Order to Show Cause (Hearing)

6/30/2021: Order to Show Cause (Hearing) - Order to Show Cause (Hearing)

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

6/4/2021: 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;)

6/7/2021: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise;)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise;) of 06/07/2021

6/7/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise;) of 06/07/2021

Minute Order - Minute Order (Non-Jury Trial)

5/26/2021: Minute Order - Minute Order (Non-Jury Trial)

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

5/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: 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

12/31/2020: 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

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 04/07/2021

4/7/2021: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 04/07/2021

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service;)

4/7/2021: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service;)

Association of Attorney - Association of Attorney

5/29/2019: Association of Attorney - Association of Attorney

Complaint

4/4/2018: Complaint

Application And Order For Appointment of Guardian Ad Litem

6/7/2018: Application And Order For Appointment of Guardian Ad Litem

22 More Documents Available

 

Docket Entries

  • 12/01/2021
  • Hearing12/01/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/29/2021
  • DocketOrder to Show Cause Re: Proof of Deposit and Dismissal scheduled for 12/01/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 09/29/2021
  • DocketMinute Order (Order to Show Cause Re: Proof of Deposit of Funds Into A Bloc...)

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  • 09/29/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Proof of Deposit of Funds Into A Bloc...) of 09/29/2021; Filed by: Clerk

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  • 09/29/2021
  • DocketOn the Court's own motion, Order to Show Cause Re: Proof of Deposit and Dismissal scheduled for 09/29/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 12/01/2021 09:30 AM

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  • 07/15/2021
  • DocketCertificate of Mailing for [Order to Deposit Money Into Blocked Account]; Filed by: Clerk

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  • 07/15/2021
  • DocketOrder to Deposit Money Into Blocked Account; Signed and Filed by: Lilss Chan (Plaintiff); As to: Mason Chan (Plaintiff)

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  • 06/30/2021
  • DocketOrder to Show Cause Re: Status of Filing a Proposed Order to Deposit Funds into Blocked Account and Dismissal scheduled for 09/29/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 06/30/2021
  • DocketOrder to Show Cause (Hearing); Filed by: Clerk

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  • 06/07/2021
  • DocketUpdated -- Expedited 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: Lilss Chan (Plaintiff); Result: Granted; Result Date: 06/07/2021; As To Parties changed from Mason Chan (Plaintiff) to Mason Chan (Plaintiff)

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27 More Docket Entries
  • 04/02/2019
  • DocketNotice of Deposit - Jury; Filed by: Lilss Chan (Plaintiff); Mason Chan (Plaintiff)

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  • 10/04/2018
  • DocketAnswer; Filed by: Edwin Cardenas (Defendant)

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  • 07/11/2018
  • DocketProof of Personal Service; Filed by: Lilss Chan (Plaintiff); Mason Chan (Plaintiff); As to: Edwin Cardenas (Defendant); Service Date: 07/09/2018; Service Cost: 45.00; Service Cost Waived: No

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  • 06/07/2018
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by: Lilss Chan (Plaintiff); As to: Mason Chan (Plaintiff)

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  • 04/04/2018
  • DocketComplaint; Filed by: Lilss Chan (Plaintiff); Mason Chan (Plaintiff); As to: Edwin Cardenas (Defendant)

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  • 04/04/2018
  • DocketCivil Case Cover Sheet; Filed by: Lilss Chan (Plaintiff); Mason Chan (Plaintiff)

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  • 04/04/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/04/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 04/04/2018
  • DocketNon-Jury Trial scheduled for 10/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 04/04/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC05244    Hearing Date: June 7, 2021    Dept: 26

Chan v. Cardenas, et al.

EXPEDITED PETITION TO APPROVE COMPROMISE OF PENDING ACTION ON BEHALF OF A MINOR

No ruling to issue on Petitioner Lilss Chan’s Expedited Petition to Approve Minor’s Compromise of Disputed Claim on behalf of minor Plaintiff Mason Chan. Ruling to depend on what happens at the hearing.

On April 4, 2018, minor Plaintiff Mason Chan (“minor Plaintiff”), by and through Lilss Chan, filed the instant action for motor vehicle negligence against Defendant Edwin Cardenas (“Defendant”). On June 7, 2018, the Court granted Petitioner’s application to be appointed minor Plaintiff’s Guardian Ad Litem. On December 31, 2020, Petitioner filed the instant Expedited Petition to Approve Compromise of Pending Action on behalf of minor Plaintiff (“the Petition”).

Court approval is required for all settlements of a minor’s claim.  (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 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.

On April 8, 2021, the Court issued an order finding the instant Petition was not complete and contains inconsistencies. (Minute Order, 04/08/21.) Specifically, the Petition was not accompanied by a declaration regarding attorney’s fees and a copy of the retainer agreement. (Ibid. [citing Pet., ¶15a].) Also, the amounts set forth at paragraphs 18(b) (medical expenses to be paid) and 18(c) (attorney’s fees to be paid) do not match the amounts at paragraphs at 14(a)(4) and 15(a). (Ibid.) The Court set the Petition for hearing on June 7, 2021 and gave notice of the order on April 8, 2021. (Ibid.) The action was also set for trial on May 26, 2021, but neither party appeared. (Minute Order, 05/26/21.) To date, Petitioner has not filed an amended petition correcting the defects in the original Petition.

Therefore, no ruling to issue on Petitioner Lilss Chan’s Expedited Petition to Approve Minor’s Compromise of Disputed Claim on behalf of minor Plaintiff Mason Chan. Ruling to depend on what happens at the hearing.

Court clerk to give notice.

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