This case was last updated from Los Angeles County Superior Courts on 11/19/2020 at 05:31:44 (UTC).

LORI BAYLOR, ET AL. VS MARIO LOPEZ, ET AL.

Case Summary

On 05/21/2019 LORI BAYLOR filed a Personal Injury - Motor Vehicle lawsuit against MARIO LOPEZ. 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:

    *******4889

  • Filing Date:

    05/21/2019

  • 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

DARDEN SAAFIR

BAYLOR LORI

Defendants and Cross Plaintiffs

LOPEZ MARIO

GEDAYAN INC. DBA J/M AUTO PARTS

TORRES JOSE

LYFT INC.

Defendants and Cross Defendants

TORRES JOSE

LYFT INC.

Attorney/Law Firm Details

Plaintiff Attorney

GILBERT MICHAEL H.

Defendant Attorney

GELINI THOMAS

 

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

8/7/2020: 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

Notice of Hearing on Petition - Notice of Hearing on Petition

8/24/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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

9/3/2020: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Notice of Settlement - Notice of Settlement

10/14/2020: Notice of Settlement - Notice of Settlement

Notice of Hearing on Petition - Notice of Hearing on Petition

10/23/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Minute Order - Minute Order (Court Order)

11/2/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/02/2020

11/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/02/2020

Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account (REDACTED)

11/5/2020: Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account (REDACTED)

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

11/5/2020: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Request for Dismissal - Request for Dismissal

11/9/2020: Request for Dismissal - Request for Dismissal

Stipulation and Order (name extension) - Stipulation and Order For An Order to Seal The Dollar Amounts Set Forth In the Petition for Minors Compromise

12/11/2019: Stipulation and Order (name extension) - Stipulation and Order For An Order to Seal The Dollar Amounts Set Forth In the Petition for Minors Compromise

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

12/20/2019: 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

Notice of Lodging (name extension) - Notice of Lodging WITH THE COURT UNDER SEAL

12/24/2019: Notice of Lodging (name extension) - Notice of Lodging WITH THE COURT UNDER SEAL

Proof of Personal Service - Proof of Personal Service

8/6/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

7/31/2019: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

7/31/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

6/3/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Saafir

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

5/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

24 More Documents Available

 

Docket Entries

  • 02/17/2021
  • Hearing02/17/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 11/10/2020
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties changed from Lyft, Inc. (Cross-Defendant), Jose Torres (Cross-Defendant) to Lyft, Inc. (Cross-Defendant), Jose Torres (Cross-Defendant)

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  • 11/10/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:2136584 resulted in empty message

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  • 11/10/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:2136585 resulted in empty message

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  • 11/09/2020
  • DocketOn the Cross-Complaint filed by Mario Lopez, et al. on 08/06/2019, entered Request for Dismissal with prejudice filed by Gedayan, Inc. dba J/M Auto Parts and Mario Lopez

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  • 11/09/2020
  • DocketAddress for Thomas Gelini (Attorney) null

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  • 11/05/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 02/17/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 11/05/2020
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous) (REDACTED); Signed and Filed by: Saafir Darden (Plaintiff); As to: Mario Lopez (Defendant); Jose Torres (Defendant); Gedayan, Inc. dba J/M Auto Parts (Defendant) et al.

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  • 11/05/2020
  • DocketOrder to Deposit Money Into Blocked Account (REDACTED); Signed and Filed by: Saafir Darden (Plaintiff); As to: Mario Lopez (Defendant); Jose Torres (Defendant); Gedayan, Inc. dba J/M Auto Parts (Defendant) et al.

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  • 11/05/2020
  • DocketOrder to Deposit Money Into Blocked Account (UNREDACTED); Signed and Filed by: Lori Baylor (Plaintiff); Saafir Darden (Plaintiff); As to: Mario Lopez (Defendant); Jose Torres (Defendant); Gedayan, Inc. dba J/M Auto Parts (Defendant) et al.

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41 More Docket Entries
  • 07/31/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Mario Lopez (Defendant); Gedayan, Inc. dba J/M Auto Parts (Defendant)

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  • 06/27/2019
  • DocketSummons on Complaint; Issued and Filed by: Lori Baylor (Plaintiff); Saafir Darden (Plaintiff); As to: Mario Lopez (Defendant); Jose Torres (Defendant); Gedayan, Inc. dba J/M Auto Parts (Defendant) et al.

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  • 06/03/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Saafir; Signed and Filed by: Lori Baylor (Plaintiff); As to: Saafir Darden (Plaintiff); Mario Lopez (Defendant)

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  • 05/23/2019
  • DocketNon-Jury Trial scheduled for 11/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/21/2019
  • DocketComplaint; Filed by: Lori Baylor (Plaintiff); Saafir Darden (Plaintiff); As to: Mario Lopez (Defendant); Jose Torres (Defendant); Gedayan, Inc. dba J/M Auto Parts (Defendant) et al.

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  • 05/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Lori Baylor (Plaintiff); Saafir Darden (Plaintiff); As to: Mario Lopez (Defendant)

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  • 05/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04889    Hearing Date: November 05, 2020    Dept: 25

HEARING DATE: Thu., November 5, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Baylor, et al. v. Lopez, et al. COMPL. FILED: 05-21-19

CASE NUMBER: 19STLC04889 DISC. C/O: NONE

NOTICE: OK DISC. MOT. C/O: NONE

TRIAL: NOT SET

PROCEEDINGS: EXPEDITED PETITION TO APPROVE COMPROMISE OF PENDING ACTION

MOVING PARTY: Petitioner Lori Baylor on behalf of minor claimant Saafir Darden

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of a Pending Action is GRANTED.

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 November 3, 2020 [ ] Late [X] None

REPLY: None filed as of November 3, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 21, 2019, Plaintiff Lori Baylor (“Petitioner”), individually and on behalf of minor Plaintiff Saafir Darden (“Claimant”), filed the instant action for motor vehicle negligence and general negligence against Defendants Mario Lopez (“Lopez”), Gedayan, Inc. dba J/M Auto Parts, Jose Torres, and Lyft, Inc. (“Lyft”) (collectively, “Respondents”). Petitioner was appointed as Claimant’s guardian ad litem on June 3, 2019.

On December 11, 2019, the parties filed a Stipulation for an Order to Seal the Dollar Amounts Set Forth in the Petition for Minor’s Compromise (the “Stipulation”). Petitioner thereafter filed a redacted Expedited Petition to Approve Compromise of a Pending Action (the “Petition”) on December 20, 2019.

On July 8, 2020, the Court found that it was not in possession of an un-redacted Petition and thus was unable to fully review it. (7/8/20 Minute Order.) The Court also noted several deficiencies in the Petition and that no proof of service was attached demonstrating Respondents were served with the Petition. (7/8/20 Minute Order.) On August 4, 2020, Petitioner filed an unredacted Amended Petition with a proof of service.

At the continued September 3, 2020 hearing, the Court noted that Petitioner had not attached copies of all the latest medical billing statements as required by paragraph 14 of the Petition. (9/3/20 Minute Order.) On October 13, 2020, Petitioner filed an Amended Petition with the requested medical billing statements.

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.; 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 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 Amended Petition, the Court finds it to be complete and the proposed settlement reasonable in light of Claimant’s injuries and future prognosis. Therefore, the Amended Petition to Approve Compromise of Pending Action is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Pending Action is GRANTED.

Moving party is ordered to give notice.

Case Number: 19STLC04889    Hearing Date: September 03, 2020    Dept: 25

HEARING DATE: Thu., September 3, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Baylor, et al. v. Lopez, et al. COMPL. FILED: 05-21-19

CASE NUMBER: 19STLC04889 DISC. C/O: 10-18-20

NOTICE: OK DISC. MOT. C/O: 11-02-20

TRIAL: 11-17-20

PROCEEDINGS: EXPEDITED PETITION TO APPROVE COMPROMISE OF PENDING ACTION

MOVING PARTY: Petitioner Lori Baylor on behalf of minor claimant Saafir Darden

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of a Pending Action is CONTINUED TO NOV 3, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may 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 September 1, 2020 [ ] Late [X] None

REPLY: None filed as of September 1, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 21, 2019, Plaintiff Lori Baylor (“Petitioner”), individually and on behalf of minor Plaintiff Saafir Darden (“Claimant”), filed the instant action for motor vehicle negligence and general negligence against Defendants Mario Lopez (“Lopez”), Gedayan, Inc. dba J/M Auto Parts, Jose Torres, and Lyft, Inc. (“Lyft”) (collectively, “Defendants”). Petitioner was appointed as Claimant’s guardian ad litem on June 3, 2019.

On December 11, 2019, the parties filed a Stipulation for an Order to Seal the Dollar Amounts Set Forth in the Petition for Minor’s Compromise (the “Stipulation”). Petitioner thereafter filed the instant redacted Expedited Petition to Approve Compromise of a Pending Action (the “Petition”) on December 20, 2019.

On July 8, 2020, the Court found that it was not in possession of an un-redacted Petition and thus was unable to fully review it. (7/8/20 Minute Order.) The Court also noted several deficiencies in the Petition and that no proof of service was attached demonstrating Defendants were served with the Petition. (7/8/20 Minute Order.) On August 4, 2020, Petitioner filed an unredacted Amended Petition with a proof of service.

  1. Legal Standard & Discussion

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.) To obtain court approval of the settlement of a minor’s claims, the guardian ad litem 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; CRC 7.950.)

Having reviewed the Petition, the Court notes the following:

Thus, Petitioner is ordered to submit supplemental papers addressing the noted deficiencies.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Pending Action is CONTINUED TO NOV 3, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.