This case was last updated from Los Angeles County Superior Courts on 06/15/2020 at 19:15:49 (UTC).

SUSANA PORTILLO VS DOMINIQUE LIMON

Case Summary

On 08/10/2017 SUSANA PORTILLO filed a Personal Injury - Motor Vehicle lawsuit against DOMINIQUE LIMON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1766

  • Filing Date:

    08/10/2017

  • 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

ELAINE LU

 

Party Details

Plaintiff

PORTILLO SUSANA

Defendants

LIMON DOMINIQUE

DIAZ ANTONIO CAMPOS

Attorney/Law Firm Details

Plaintiff Attorney

FIGAREDO EDWARD FIDEL

Defendant Attorney

DUFFY JOHN

 

Court Documents

Minute Order - Minute Order (Court Order)

11/27/2019: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/27/2019

11/27/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/27/2019

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

1/3/2020: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Guardian ad litem re: Juan

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

1/3/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

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

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

3/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Settlement - Notice of Settlement

8/14/2019: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

8/14/2019: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

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

8/14/2019: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim

Demand for Jury Trial - Demand for Jury Trial

1/25/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

1/25/2019: Answer - Answer

Ex Parte Application (name extension) - Ex Parte Application for Order to Continue Trial and All Related Pre-Trial Cut Off Dates

2/5/2019: Ex Parte Application (name extension) - Ex Parte Application for Order to Continue Trial and All Related Pre-Trial Cut Off Dates

Order (name extension) - Order Order re: Ex Parte Application for Order to Continue Trial and All Related Pre-Trial Cut Off Dates

2/5/2019: Order (name extension) - Order Order re: Ex Parte Application for Order to Continue Trial and All Related Pre-Trial Cut Off Dates

Notice of Rejection - Ex Parte Application Without Hearing

8/31/2017: Notice of Rejection - Ex Parte Application Without Hearing

Civil Case Cover Sheet

8/10/2017: Civil Case Cover Sheet

Complaint

8/10/2017: Complaint

Notice of Case Assignment - Limited Civil Case

8/10/2017: Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 07/30/2020
  • Hearing07/30/2020 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Expedited Petition to Confirm Compromise

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  • 07/30/2020
  • Hearing07/30/2020 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause - Hearing (name extension)

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  • 04/20/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/20/2020
  • DocketReset - Court Unavailable, Hearing on Expedited Petition to Confirm Compromise scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/30/2020 09:30 AM

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  • 04/20/2020
  • DocketReset - Court Unavailable, Order to Show Cause - Hearing re: Dismissal Date scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/30/2020 09:30 AM

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  • 03/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/17/2020
  • DocketOn the Court's own motion, Hearing on Expedited Petition to Confirm Compromise scheduled for 03/19/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 06/04/2020 10:30 AM

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  • 03/17/2020
  • DocketOn the Court's own motion, Order to Show Cause - Hearing re: Dismissal Date scheduled for 03/19/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 06/04/2020 10:30 AM

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  • 02/27/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 03/19/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 02/27/2020
  • DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 03/19/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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31 More Docket Entries
  • 01/25/2019
  • DocketAnswer; Transferred From : 17STLC01766; Transfered To : 17STLC01766

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 08/31/2017
  • DocketNotice of Rejection - Ex Parte Application Without Hearing; Filed by: Clerk

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  • 08/31/2017
  • DocketJuan Portillo, a minor by and through guardian ad litem Susanna Portillo - Rejected; Submitted by: Susana Portillo (Plaintiff); As to: Juan Portillo (Plaintiff)

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  • 08/10/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/10/2017
  • DocketCivil Case Cover Sheet; Filed by: Susana Portillo (Plaintiff)

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  • 08/10/2017
  • DocketComplaint; Filed by: Susana Portillo (Plaintiff); As to: Dominique Limon (Defendant)

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  • 08/10/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 08/10/2017
  • DocketNon-Jury Trial scheduled for 02/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/10/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01766    Hearing Date: February 20, 2020    Dept: 26

Portillo v. Limon, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

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

TENTATIVE RULING:

Petition of Susan Portillo to Approve Minor’s Compromise of Claim on behalf of minor Claimant Juan Portillo is CONTINUED TO MARCH 19, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On August 10, 2017, minor Juan Portillo, allegedly through his Guardian ad Litem Susan Portillo, filed the instant action for motor vehicle negligence against Defendants Dominique Limon and Antonio Campos Diaz (“Defendants”). On August 14, 2019, Susan Portillo (“Petitioner”) filed an Expedited Petition to Approve Compromise of Pending Action (the “first Expedited Petition”) on behalf of minor Plaintiff Juan Portillo (“Claimant”).

On November 27, 2019, the Court found it could not grant the Expedited Petition because Petitioner had yet to be appointed Claimant’s guardian ad litem. The Court set the Expedited Petition for hearing on February 20, 2020. On January 28, 2020, the Court granted Petitioner’s application to be appointed Claimant’s guardian ad litem. Accordingly, the Court may now rule on the 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, emphasis added.)

Having reviewed the Petition, the Court finds it provides for a reasonable settlement to minor Plaintiff based on his injuries and prognosis to be incomplete. However, it is unclear how the settlement proceeds are to be handled. The Petition indicates the net settlement will be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. (Pet., ¶20b(5).) But no Attachment 20b(5) is included with the Petition, which must set forth the name and address of the proposed custodian and the money or other property to be transferred. Instead, the Proposed Order states the balance of the settlement is to be deposited into a blocked account and Petitioner includes an Order for the Deposit of Money into Blocked Account on Form MC-356. (Proposed Order MC-351, ¶¶7-8.)

Therefore, the Expedited Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED TO MARCH 19, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 10 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS. FAIULRE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.