This case was last updated from Los Angeles County Superior Courts on 12/13/2020 at 14:28:15 (UTC).

SOFIYA RUSINA, ET AL. VS KIMBERLY FEJERAN

Case Summary

On 01/22/2020 SOFIYA RUSINA filed a Personal Injury - Motor Vehicle lawsuit against KIMBERLY FEJERAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0679

  • Filing Date:

    01/22/2020

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

STEPHEN STEPHANIE CHRISTINE

RUSINA SOFIYA

Defendants

FEJERAN KIMBERLY

MELINDE ANDRADA

Attorney/Law Firm Details

Plaintiff Attorney

ELKIN MICHAEL

 

Court Documents

Request for Dismissal - Request for Dismissal

12/2/2020: Request for Dismissal - Request for Dismissal

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

11/5/2020: 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 on Expedited Petition to Confirm Compromise)

11/5/2020: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

Minute Order - Minute Order (Court Order)

11/2/2020: Minute Order - Minute Order (Court Order)

Notice (name extension) - Notice of Continuance on Hearing on Expedited Petition to Confirm Minor's Compromise (AMENDED)

9/15/2020: Notice (name extension) - Notice of Continuance on Hearing on Expedited Petition to Confirm Minor's Compromise (AMENDED)

Notice (name extension) - Notice of Continuance on Hearing on Expedited Petition to Confirm Minor's Compromise

9/15/2020: Notice (name extension) - Notice of Continuance on Hearing on Expedited Petition to Confirm Minor's Compromise

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

9/14/2020: 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

8/24/2020: 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

Minute Order - Minute Order (Court Order)

7/22/2020: Minute Order - Minute Order (Court Order)

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

6/4/2020: 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

Proof of Personal Service - Proof of Personal Service

4/16/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

4/7/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

4/9/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

1/28/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

Summons - Summons on Complaint

1/29/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

1/22/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

1/22/2020: Complaint - Complaint

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

1/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 12/08/2020
  • DocketNon-Jury Trial scheduled for 07/21/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/08/2020

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  • 12/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/25/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/08/2020

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  • 12/02/2020
  • DocketOn the Complaint filed by Sofiya Rusina, et al. on 01/22/2020, entered Request for Dismissal with prejudice filed by Sofiya Rusina and Stephanie Christine Stephen as to the entire action

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  • 12/02/2020
  • DocketAddress for Michael Elkin (Attorney) null

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  • 11/05/2020
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Signed and Filed by: As to: Kimberly Fejeran (Defendant); Andrada Melinde (Defendant)

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  • 11/05/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 11/05/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 11/05/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/05/2020; Result Type to Held - Motion Granted

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  • 11/03/2020
  • DocketNotice of Continuance on Hearing on Expedited Petition to Confirm Minor's Compromise; Filed by: Sofiya Rusina (Plaintiff); Stephanie Christine Stephen (Plaintiff)

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  • 11/02/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 11/05/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 11/02/2020
  • DocketMinute Order (Court Order)

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22 More Docket Entries
  • 01/23/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 01/23/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Sofiya: Status Date changed from 01/22/2020 to 01/23/2020; As To Parties changed from Kimberly Fejeran (Defendant) to Sofiya Rusina (Plaintiff)

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  • 01/23/2020
  • DocketNon-Jury Trial scheduled for 07/21/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/23/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/25/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/22/2020
  • DocketComplaint; Filed by: Sofiya Rusina (Plaintiff); Stephanie Christine Stephen (Plaintiff); As to: Kimberly Fejeran (Defendant)

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  • 01/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Sofiya Rusina (Plaintiff); Stephanie Christine Stephen (Plaintiff); As to: Kimberly Fejeran (Defendant)

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  • 01/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/22/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Sofiya: Status Date changed from 01/23/2020 to 01/22/2020

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  • 01/22/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Sofiya: Status Date changed from 01/23/2020 to 01/22/2020

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Tentative Rulings

Case Number: 20STLC00679    Hearing Date: November 05, 2020    Dept: 25

HEARING DATE: Thu., November 5, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Rusina, et al. v. Fejeran, et al. COMPL. FILED: 01-22-20

CASE NUMBER: 20STLC00679 DISC. C/O: 06-21-21

NOTICE: OK DISC. MOT. C/O: 07-06-21

TRIAL DATE: 07-21-21

PROCEEDINGS: EXPEDITED PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

MOVING PARTY: Petitioner Michael Welday on behalf of minor Claimant Sofiya Rusina

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of a Pending Action is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of November 3, 2020 [ ] Late [X] None

REPLY: None filed as of November 3, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On January 22, 2020, Plaintiff Stephanie Christine Stephen (“Stephen”) and minor Plaintiff Sofiya Rusina (“Claimant”) by and through her guardian ad litem, Michael Welday (“Petitioner”) filed the instant action for negligence against Defendant Kimberly Fejeran (“Respondent Fejeran”). Petitioner was appointed as Claimant’s guardian ad litem on January 28, 2020. On April 1, 2020, Plaintiffs filed an amendment to the Complaint, substituting Defendant Andrada Melinde (“Respondent Melinde”) for Doe 1.

Petitioner filed the instant Expedited Petition to Approve Compromise of a Pending Action (the “Petition”) on behalf of minor Claimant on June 4, 2020. On July 22, 2020, the Court noted several deficiencies in the Petition, specifically that it was missing required attachment 14a and a proof of service demonstrating it was served on Respondents. (7/22/20 Minute Order.) As a result, the Court set a hearing on the expedited Petition for September 14, 2020 at 9:30 a.m. (Id.)

On August 24, 2020, Petitioner filed an Amended Petition. At the September 14, 2020 hearing, the Court found the Amended Petition to be complete and the proposed settlement fair and reasonable in light of minor Claimant’s damages. (9/14/20 Minute Order.) However, the Court noted the Amended Petition incorrectly stated no hearing was scheduled and that Respondents were not served with Proposed Order, Form MC-351. (Id.)

On September 15, 2020, Petitioner filed a Notice of Continuance and proof of service for the Court’s September 14 Order and Form MC-351. No opposition was filed.

As Respondents have now been given proper notice, and as they have not filed any opposition, the Petition is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Pending Action is GRANTED.

Moving party is ordered to give notice.

Case Number: 20STLC00679    Hearing Date: September 14, 2020    Dept: 25

HEARING DATE:   Mon., September 14, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Rusina, et al. v. Fejeran, et al. COMPL. FILED: 01-22-20

CASE NUMBER: 20STLC00679 DISC. C/O: 06-21-21

NOTICE:   NO (hearing) DISC. MOT. C/O:    07-06-21

TRIAL DATE: 07-21-21

PROCEEDINGS    EXPEDITED PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

MOVING PARTY:   Petitioner Michael Welday on behalf of minor Claimant Sofiya Rusina

RESP. PARTY: None

PETITION TO APPROVE COMPROMISE OF A PENDING ACTION

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The Petition to Approve Compromise of a Pending Action is CONTINUED TO NOV 3, 2020 at 10:00 AM a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers correcting the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of September 8, 2020 [   ] Late [X] None

REPLY: None filed as of September 8, 2020    [   ] Late [X] None

ANALYSIS:

  1. Background

On January 22, 2020, Plaintiff Stephanie Christine Stephen (“Stephen”) and minor Plaintiff Sofiya Rusina (“Claimant”) by and through her guardian ad litem, Michael Welday (“Petitioner”) filed the instant action for negligence against Defendant Kimberly Fejeran (“Fejeran”). Petitioner was appointed as Claimant’s guardian ad litem on January 28, 2020. On April 1, 2020, Plaintiffs filed an amendment to the Complaint, substituting Defendant Andrada Melinde (“Melinde”) for Doe 1.

Petitioner filed the instant Expedited Petition to Approve Compromise of a Pending Action (the “Petition”) on behalf of minor Claimant on June 4, 2020. On July 22, 2020, the Court noted several deficiencies in the Petition, specifically that it was missing required attachment 14a and a proof of service demonstrating it was served on Defendants. (7/22/20 Minute Order.) As a result, the Court set a hearing on the expedited Petition for September 14, 2020 at 9:30 a.m. (Id.)

On August 24, 2020, Petitioner filed an Amended Petition. Neither Defendant has filed an opposition.

  1. Legal Standard & Discussion

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.) A minor, like Claimant, “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).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500.

Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner 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; Cal. Rules of Court, rule 7.950.) (Italics added.)

As noted above, at the initial hearing, the Court found that the Petition did not include required attachment 14a or a proof of service. (7/22/20 Minute Order.) Petitioner’s Amended Petition filed on August 24, 2020, includes attachment 14a as well as a proof of service demonstrating the Amended Petition was served on both Defendants.

Having reviewed the Amended Petition, the Court finds it to be complete. The proposed settlement is fair and reasonable in light of minor Claimant’s damages. However, Petitioner’s supplemental papers do not demonstrate Defendants were given notice of this hearing. Indeed, the Amended Petition states that no hearing was requested, and the spaces indicating the date and time of a hearing were left blank. (Amended Petition, MC-350EX, p. 1.) Furthermore, Petitioner’s proof of service does not demonstrate that the Proposed Order, Form MC-351, was also served on Defendants.

Thus, Petitioner is ordered to file an amended proof of service demonstrating Defendants were served with a notice of hearing as well as the Proposed Order, Form MC-351.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Compromise of a Pending Action is CONTINUED TO NOV 3, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers correcting the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.