This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 01:05:59 (UTC).

MOSES CARMONA VS ROSE MARGARET MAGANA

Case Summary

On 12/13/2019 MOSES CARMONA filed a Personal Injury - Motor Vehicle lawsuit against ROSE MARGARET MAGANA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1417

  • Filing Date:

    12/13/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiffs

GARCIA CONCEPCION

CARMONA MINOR MOSES

Defendant

MAGANA ROSE MARGARET

Attorney/Law Firm Details

Plaintiff Attorney

PEREZ JOSE

 

Court Documents

Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account

8/27/2020: Order to Deposit Money Into Blocked Account - 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

8/27/2020: 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

Minute Order - Minute Order (Hearing - Other Expedited Petition to Approve Compromise of P...)

9/17/2020: Minute Order - Minute Order (Hearing - Other Expedited Petition to Approve Compromise of P...)

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

6/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Court Order re: Expedited Petition to Approve Compromise of P...)

4/1/2020: Minute Order - Minute Order (Court Order re: Expedited Petition to Approve Compromise of P...)

Certificate of Mailing for - Certificate of Mailing for (Court Order re: Expedited Petition to Approve Compromise of P...) of 04/01/2020

4/1/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order re: Expedited Petition to Approve Compromise of P...) of 04/01/2020

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

2/24/2020: 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

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

1/10/2020: 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: Moses

12/18/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Moses

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

12/18/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

Complaint - Complaint

12/13/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/13/2019: First Amended Standing Order - First Amended Standing Order

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

12/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 12/16/2022
  • Hearing12/16/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/11/2021
  • Hearing06/11/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/17/2020
  • 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: Moses Carmona Minor (Plaintiff),Concepcion Garcia (Plaintiff); Result: Granted; Result Date: 09/17/2020

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  • 09/17/2020
  • DocketUpdated -- Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous): Filed By: Moses Carmona Minor (Plaintiff),Concepcion Garcia (Plaintiff); Result: Granted; Result Date: 09/17/2020

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  • 09/17/2020
  • DocketUpdated -- Order to Deposit Money Into Blocked Account: Filed By: Concepcion Garcia (Plaintiff),Moses Carmona Minor (Plaintiff); Result: Granted; Result Date: 09/17/2020

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  • 09/17/2020
  • DocketMinute Order (Hearing - Other Expedited Petition to Approve Compromise of P...)

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  • 09/17/2020
  • DocketHearing - Other Expedited Petition to Approve Compromise of Pending Action on Behalf of Minor scheduled for 09/17/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/17/2020; Result Type to Held

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  • 08/27/2020
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Signed and Filed by: Moses Carmona Minor (Plaintiff); Concepcion Garcia (Plaintiff); As to: Rose Margaret Magana (Defendant)

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  • 08/27/2020
  • DocketOrder to Deposit Money Into Blocked Account; Signed and Filed by: Moses Carmona Minor (Plaintiff); Concepcion Garcia (Plaintiff); As to: Rose Margaret Magana (Defendant)

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  • 06/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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9 More Docket Entries
  • 12/18/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by: Moses Carmona Minor (Plaintiff); Concepcion Garcia (Plaintiff); As to: Rose Margaret Magana (Defendant)

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  • 12/18/2019
  • DocketNotice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Moses; Filed by:

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  • 12/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/16/2019
  • DocketNon-Jury Trial scheduled for 06/11/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/16/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/13/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 12/18/2019 to 12/13/2019

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  • 12/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Moses Carmona Minor (Plaintiff); Concepcion Garcia (Plaintiff); As to: Rose Margaret Magana (Defendant)

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  • 12/13/2019
  • DocketComplaint; Filed by: Moses Carmona Minor (Plaintiff); Concepcion Garcia (Plaintiff); As to: Rose Margaret Magana (Defendant)

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Tentative Rulings

Case Number: 19STLC11417    Hearing Date: September 17, 2020    Dept: 26

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

TENTATIVE:

The Second Expedited Petition of Concepcion Garcia to Approve Compromise of Pending Action on Behalf of Minor Plaintiff Moses Carmona is GRANTED.

Discussion

On December 13, 2019, minor Plaintiff Moses Carmona (“Claimant”), by and through his Guardian Ad Litem Concepcion Garcia (“Petitioner”) filed the instant action for motor vehicle negligence against Defendant Rose Margaret Magana (“Defendant”). Petitioner was appointed as Claimant’s guardian ad litem on January 10, 2020. Petitioner filed the first Expedited Petition to Approve Compromise of Pending Action (the “Petition”) on behalf of Claimant on February 24, 2020. On April 1, 2020, the Court issued an order finding the first Expedited Petition defective and setting the matter for hearing on September 17, 2020. On August 27, 2020, Petitioner filed a second Expedited Petition to Approve Compromise of Pending Action.

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.) 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 second Expedited Petition, the Court finds it is complete and provides for a reasonable settlement to minor Plaintiff Moses Carmona based on the injuries sustained and future prognosis. Proposed orders have been filed concurrently. Therefore, the second Expedited Petition to Approve Minor’s Compromise of Disputed Claim is GRANTED.

Moving party to give notice.