This case was last updated from Los Angeles County Superior Courts on 08/13/2020 at 01:41:59 (UTC).

PABLO VARGAS VS SHAILESH TAMHANE

Case Summary

On 10/02/2018 PABLO VARGAS filed a Personal Injury - Motor Vehicle lawsuit against SHAILESH TAMHANE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2377

  • Filing Date:

    10/02/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

VELASQUEZ JEIMI

Defendant

TAMHANE SHAILESH

Attorney/Law Firm Details

Plaintiff Attorney

WABBY WALTER JAMES

 

Court Documents

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

8/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

8/11/2020: Request for Dismissal - Request for Dismissal

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

10/11/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

11/7/2019: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

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

12/9/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

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

12/20/2019: 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

12/20/2019: 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

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

7/2/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Pablo

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

7/24/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

7/30/2019: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

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

6/5/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Petition to Confirm Minor's Compromise) of 04/11/2019

4/11/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Petition to Confirm Minor's Compromise) of 04/11/2019

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

4/11/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

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

1/22/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Petition to Approve Compromise of Disputed Claim

10/10/2018: Petition to Approve Compromise of Disputed Claim

Complaint

10/2/2018: Complaint

Civil Case Cover Sheet

10/2/2018: Civil Case Cover Sheet

11 More Documents Available

 

Docket Entries

  • 08/12/2020
  • DocketNon-Jury Trial scheduled for 12/07/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/12/2020

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  • 08/12/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/12/2020

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  • 08/11/2020
  • DocketOn the Complaint filed by Pablo Vargas on 10/02/2018, entered Request for Dismissal with prejudice filed by Jeimi Velasquez and Pablo Vargas as to the entire action

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  • 08/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/04/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/11/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 12/07/2020 08:30 AM

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  • 03/18/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/18/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 04/01/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/11/2020 08:30 AM

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  • 02/10/2020
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties changed from Shailesh Tamhane (Defendant) to Shailesh Tamhane (Defendant)

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  • 02/10/2020
  • DocketOn the Complaint filed by Pablo Vargas on 10/02/2018, entered Request for Dismissal with prejudice filed by Jeimi Velasquez and Pablo Vargas

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  • 02/10/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1905606 resulted in empty message

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26 More Docket Entries
  • 01/22/2019
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise)

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  • 11/21/2018
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 01/22/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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  • 10/10/2018
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by: Pablo Vargas (Plaintiff); As to: Shailesh Tamhane (Defendant)

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  • 10/10/2018
  • DocketAddress for Walter James Wabby (Attorney) null

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  • 10/02/2018
  • DocketComplaint; Filed by: Pablo Vargas (Plaintiff); As to: Shailesh Tamhane (Defendant)

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  • 10/02/2018
  • DocketCivil Case Cover Sheet; Filed by: Pablo Vargas (Plaintiff)

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  • 10/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/02/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/02/2018
  • DocketNon-Jury Trial scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/02/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC12377    Hearing Date: December 09, 2019    Dept: 94

Vargas v. Tamhane, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

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

TENTATIVE RULING:

The Petition of Jeimi Velasquez on behalf of minor Claimant Pablo Vargas to Approve Compromise of Pending Action is GRANTED ON CONDITION THAT PETITIONER FILE ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT ON JUDICIAL COUNCIL FORM MC-355 AND ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION ON JUDICIAL COUNCIL FORM MC-351 PRIOR TO THE HEARING.

ANALYSIS:

On October 10, 2018, Petitioner Jeimi Velasquez (“Petitioner”) filed a Petition to Approve Compromise of Pending Action (the “Petition”) on behalf of minor Claimant Pablo Vargas (“Claimant”). “When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person 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).) Court approval is required for all settlements of a minor’s claim. (See Prob. Code §§ 3500, 3600, et seq.; CCP § 372.)

At the initial hearing on the Petition on January 22, 2019, the Court found that the Petition had several defects and Petitioner did not have standing as Claimant’s representative bring the Petition. (1/22/19 Minute Order.) On April 17, 2019, Petitioner filed an Amended Petition to Approve Compromise of Pending Action (the “Amended Petition”).

At the second hearing on June 5, 2019, the Court found that the Amended Petitioner had cured the defects previously identified by the Court, but Petitioner had not been appointed as Claimant’s guardian ad litem and, therefore, had no standing. On July 2, 2019, Petitioner applied to be Claimant’s guardian ad litem, which the Court granted.

At the third hearing on July 24, 2019, neither party appeared so the Court took the matter off calendar. Thereafter, Petitioner filed another Petition on July 30, 2019 and a fourth Petition on November 7, 2019.

The fourth Petition is complete and the Court finds that the proposed settlement of $6,450, minus $1,612 (25%) in attorney’s fees, (4/17/19 Pet., Item No. 14c), $225 in other expenses, (Id., Item No. 14d), and $2,394.61 in medical expenses, (Id., Item No. 14b), resulting in a net balance of $2,218.39 for Claimant, to be fair and reasonable.

However, no Order to Deposit Money into Blocked Account on Judicial Council Form MC-355 And Order Approving Compromise of Disputed Claim or Pending Action on Judicial Council Form MC-351 have been filed with the latest Petitions.

The Petition of Jeimi Velasquez on behalf of minor Claimant Pablo Vargas to Approve Compromise of Pending Action is GRANTED ON CONDITION THAT PETITIONER FILE ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT ON JUDICIAL COUNCIL FORM MC-355 AND ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION ON JUDICIAL COUNCIL FORM MC-351 PRIOR TO THE HEARING.

Moving party is ordered to give notice.