This case was last updated from Los Angeles County Superior Courts on 10/27/2020 at 23:12:34 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0679

  • Filing Date:

    01/22/2020

  • 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

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

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

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/22/2020

7/22/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/22/2020

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

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

4/1/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

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

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Sofiya

1/23/2020: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Sofiya

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

Civil Case Cover Sheet - Civil Case Cover Sheet

1/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

6 More Documents Available

 

Docket Entries

  • 01/25/2023
  • Hearing01/25/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/21/2021
  • Hearing07/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/03/2020
  • Hearing11/03/2020 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Expedited Petition to Confirm Compromise

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  • 09/15/2020
  • 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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  • 09/15/2020
  • DocketNotice of Continuance on Hearing on Expedited Petition to Confirm Minor's Compromise (AMENDED); Filed by: Sofiya Rusina (Plaintiff); Stephanie Christine Stephen (Plaintiff)

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  • 09/14/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 11/03/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 09/14/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 09/14/2020
  • DocketOn the Court's own motion, Hearing on Expedited Petition to Confirm Compromise scheduled for 09/14/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/03/2020 10:00 AM

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  • 08/24/2020
  • 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: Sofiya Rusina (Plaintiff); As to: Kimberly Fejeran (Defendant); Andrada Melinde (Defendant)

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  • 07/24/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 09/14/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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12 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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  • 01/23/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Sofiya - Rejected; Submitted by: Sofiya Rusina (Plaintiff); Stephanie Christine Stephen (Plaintiff); As to: Kimberly Fejeran (Defendant)

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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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Tentative Rulings

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.