This case was last updated from Los Angeles County Superior Courts on 10/07/2020 at 03:30:44 (UTC).

SHAWN HAWK VS JENNIFER MARTINEZ

Case Summary

On 12/05/2019 SHAWN HAWK filed a Personal Injury - Motor Vehicle lawsuit against JENNIFER MARTINEZ. 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:

    *******1161

  • Filing Date:

    12/05/2019

  • 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

HAWK SHAWN

Defendant

MARTINEZ JENNIFER

Attorney/Law Firm Details

Plaintiff Attorney

BERNSTEIN BARRY S.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Minor's Compromise) of 10/05/2020

10/5/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Minor's Compromise) of 10/05/2020

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

10/5/2020: Minute Order - Minute Order (Hearing on Petition to Confirm Minor's Compromise)

Minute Order - Minute Order (Court Order)

6/17/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/17/2020

6/17/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/17/2020

Notice (name extension) - Notice Petition to Approve Compromise of Pending Action

2/6/2020: Notice (name extension) - Notice Petition to Approve Compromise of Pending Action

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

12/13/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

First Amended Standing Order - First Amended Standing Order

12/5/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

12/5/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

12/5/2019: Summons - Summons on Complaint

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

12/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 12/08/2022
  • Hearing12/08/2022 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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  • 06/03/2021
  • Hearing06/03/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/05/2020
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by: Attorney; As to: Austin Hawk (Plaintiff)

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  • 10/05/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by: Austin Hawk (Plaintiff)

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  • 10/05/2020
  • DocketOrder to Deposit Money Into Blocked Account; Filed by: Attorney; As to: Austin Hawk (Plaintiff)

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  • 10/05/2020
  • DocketMinute Order (Hearing on Petition to Confirm Minor's Compromise)

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  • 10/05/2020
  • DocketCertificate of Mailing for (Hearing on Petition to Confirm Minor's Compromise) of 10/05/2020; Filed by: Clerk

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  • 10/05/2020
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 10/05/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/05/2020; Result Type to Held - Motion Granted

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  • 06/17/2020
  • DocketHearing on Petition to Confirm Minor's Compromise scheduled for 10/05/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 06/17/2020
  • DocketMinute Order (Court Order)

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3 More Docket Entries
  • 12/12/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Filed By: SHAWN HAWK (Plaintiff); Result: Granted; Result Date: 12/12/2019

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  • 12/06/2019
  • DocketNon-Jury Trial scheduled for 06/03/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/06/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/06/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/05/2019
  • DocketComplaint; Filed by: SHAWN HAWK (Plaintiff); As to: JENNIFER MARTINEZ (Defendant)

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  • 12/05/2019
  • DocketCivil Case Cover Sheet; Filed by: SHAWN HAWK (Plaintiff); As to: JENNIFER MARTINEZ (Defendant)

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  • 12/05/2019
  • DocketSummons on Complaint; Issued and Filed by: SHAWN HAWK (Plaintiff); As to: JENNIFER MARTINEZ (Defendant)

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  • 12/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/05/2019
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Status Date changed from 12/13/2019 to 12/05/2019

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Tentative Rulings

Case Number: 19STLC11161    Hearing Date: October 05, 2020    Dept: 26

Hawk v. Martinez, et al

Petitioner Wynter Hawk’s Petition to Approve Compromise of Pending Claim on Behalf of Minor Plaintiff Austin Hawk is DENIED WITHOUT PREJUDICE. 

Discussion

On December 5, 2019, Plaintiff Shawn Hawk (“Plaintiff Shawn Hawk”), individually and on behalf of minor Plaintiff Austin Hawk (“minor Claimant”), filed the instant action for motor vehicle negligence against Defendant Jennifer Martinez (“Defendant”). On December 13, 2019, the Court granted Plaintiff Shawn Hawk’s Application to be Appointed Guardian Ad Litem for minor Claimant. On February 6, 2020, Petitioner Wynter Hawk (“Petitioner”) filed the instant Petition to Approve Compromise of Pending Action (the “Petition”) on behalf of minor Claimant.

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.)

“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) (emphasis added).) 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.)

The Petition is brought without a showing that Petitioner can represent minor Claimant under Code of Civil Procedure section 372, subdivision (a). Plaintiff Shawn Hawk was appointed minor Claimant’s guardian ad litem but inexplicably did not bring the Petition on his behalf. Instead, the Petition was brought by Wynter Hawk.

Additionally, the Court notes that Defendant has not yet been served with the Summons and Complaint in this action. The Court has no jurisdiction over Defendant at this time.

Conclusion

Based on the foregoing, Petitioner Wynter Hawk’s Petition to Approve Compromise of Pending Claim on Behalf of Minor Plaintiff Austin Hawk is DENIED WITHOUT PREJUDICE. 

Moving party to give notice.