This case was last updated from Los Angeles County Superior Courts on 07/03/2020 at 20:52:45 (UTC).

MUAJ AHMED VS YONG WOONG KIM

Case Summary

On 10/15/2019 MUAJ AHMED filed a Personal Injury - Motor Vehicle lawsuit against YONG WOONG 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 SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9615

  • Filing Date:

    10/15/2019

  • 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

Plaintiff

MUAJ AHMED

Defendant

KIM YONG WOONG

Attorney/Law Firm Details

Plaintiff Attorney

GRINES FANNY

 

Court Documents

Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

2/24/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm 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

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

Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 02/24/2020

2/24/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 02/24/2020

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

12/4/2019: 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

Minute Order - Minute Order (Court Order)

11/22/2019: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/22/2019

11/22/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/22/2019

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

11/6/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

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

11/12/2019: 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

Complaint - Complaint

10/15/2019: Complaint - Complaint

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

10/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/15/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

10/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Muaj

10/18/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Muaj

1 More Documents Available

 

Docket Entries

  • 10/18/2022
  • Hearing10/18/2022 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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  • 04/13/2021
  • Hearing04/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/24/2020
  • 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: Ahmed Muaj (Plaintiff); As to: Ahmed Muaj (Plaintiff)

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  • 02/24/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 02/24/2020
  • DocketCertificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 02/24/2020; Filed by: Clerk

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  • 02/24/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 02/24/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/24/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 12/04/2019
  • 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) 1st Amended; Filed by: Ahmed Muaj (Plaintiff); As to: Ahmed Muaj (Plaintiff)

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  • 11/22/2019
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 02/24/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/22/2019
  • DocketMinute Order (Court Order)

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  • 11/22/2019
  • DocketCertificate of Mailing for (Court Order) of 11/22/2019; Filed by: Clerk

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4 More Docket Entries
  • 10/18/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 10/18/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Muaj: Status Date changed from 10/15/2019 to 10/18/2019; As To Parties changed from YONG WOONG KIM (Defendant) to Ahmed Muaj (Plaintiff)

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  • 10/18/2019
  • DocketNon-Jury Trial scheduled for 04/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/18/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/18/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Muaj - Rejected; Submitted by: Ahmed Muaj (Plaintiff); As to: Ahmed Muaj (Plaintiff)

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  • 10/15/2019
  • DocketComplaint; Filed by: Ahmed Muaj (Plaintiff); As to: YONG WOONG KIM (Defendant)

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  • 10/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Ahmed Muaj (Plaintiff); As to: YONG WOONG KIM (Defendant)

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  • 10/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/15/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Muaj: Status Date changed from 10/18/2019 to 10/15/2019

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Tentative Rulings

Case Number: 19STLC09615    Hearing Date: February 24, 2020    Dept: 26

Ahmed v. Kim

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

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

TENTATIVE RULING:

Petition of Morsheda Keka to Approve Minor’s Compromise of Claim on behalf of minor Claimant Ahmed Muaj is CONTINUED.

ANALYSIS:

On September 15, 2019, minor Ahmed Muaj, allegedly through his Guardian ad Litem Morsheda Keka, filed the instant action for motor vehicle negligence against Defendant Yong Woong Kim (“Defendant”).

On November 12, 2019, Petitioner Morsheda Keka (“Petitioner”) filed an Expedited Petition to Approve Compromise of Pending Action (the “first Expedited Petition”) on behalf of minor Plaintiff Ahmed Muaj (“Claimant”).

On November 22, 2019, the Court found it could not grant the first Expedited Petition because of several defects.

On December 4, 2019, Petitioner filed the instant[1] Expedited Petition to Approve Compromise of Pending Action (the “Second Expedited Petition”).

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.)

Having reviewed the Second Expedited Petition, the Court finds it corrects the previous defects, including a reduction of the sought attorney fees that is more reasonable. The Court notes that the Second Expedited Petition contains two “Page 4s.”

However, as to the disposition of balance of proceeds, Petitioner checks the box that states a guardian of the estate of the minor will be appointed and the balance will be paid or delivered to the person so appointed. No Attachment 20b(1) is attached to the Second Expedited Petition. It is not clear that a guardian of the estate has been appointed, notwithstanding Petitioner is the appointed Guardian ad Litem for Claimant.

Per CRC 7.950.5(c)(1), a hearing must be held on the Second Expedited Petition because it is not granted. The Court hereby schedules a hearing on the Expedited Petition for March 18, 2020 at 8:30 a.m. in Department 26. If Petitioner files an amended petition and supplemental papers at least 16 court days before the hearing date to cure the identified defects, the Court will consider granting the Expedited Petition at the hearing.

Moving party to give notice.


[1] Petitioner identifies this document as the “First Amended Expedited Petition.”