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.
*******9615
10/15/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
MUAJ AHMED
KIM YONG WOONG
GRINES FANNY
2/24/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)
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
2/24/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 02/24/2020
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
11/22/2019: Minute Order - Minute Order (Court Order)
11/22/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/22/2019
11/6/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem
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
10/15/2019: Complaint - Complaint
10/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
10/15/2019: First Amended Standing Order - First Amended Standing Order
10/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
10/18/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Muaj
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
Hearing04/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
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)
DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)
DocketCertificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 02/24/2020; Filed by: Clerk
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
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)
DocketHearing on Expedited Petition to Confirm Compromise scheduled for 02/24/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 11/22/2019; Filed by: Clerk
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
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)
DocketNon-Jury Trial scheduled for 04/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketApplication And Order For Appointment of Guardian Ad Litem for Muaj - Rejected; Submitted by: Ahmed Muaj (Plaintiff); As to: Ahmed Muaj (Plaintiff)
DocketComplaint; Filed by: Ahmed Muaj (Plaintiff); As to: YONG WOONG KIM (Defendant)
DocketCivil Case Cover Sheet; Filed by: Ahmed Muaj (Plaintiff); As to: YONG WOONG KIM (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Muaj: Status Date changed from 10/18/2019 to 10/15/2019
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.”