This case was last updated from Los Angeles County Superior Courts on 09/18/2020 at 08:26:08 (UTC).

URBINA KARMEN, ET AL. VS PAUL AZZI, AS AN INDIVIDUAL, ET AL.

Case Summary

On 01/16/2019 URBINA KARMEN filed a Property - Other Real Property lawsuit against PAUL AZZI, AS AN INDIVIDUAL. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5128

  • Filing Date:

    01/16/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs

LOPEZ-URBANI GUSTAVO

ALBA-URBINA-URBANI MINOR ENRIQUE A.

KARMEN URBINA

FIGUEROA DAVID

MARTINEZ SHARLEEN

Defendants

BASKINTA HOLDINGS LLC

AZZI AS AN INDIVIDUAL PAUL

Attorney/Law Firm Details

Plaintiff Attorney

PARTIYELI JACOB OREN

Defendant Attorney

KALTENBACH JOHN JOSEPH

 

Court Documents

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

7/16/2020: 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

11/7/2019: 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 Re: Expedited Petition To Approve Compromise of P...) of 01/30/2020

1/30/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Expedited Petition To Approve Compromise of P...) of 01/30/2020

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

2/4/2020: 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

Declaration (name extension) - Declaration DECLARATION OF JACOB O. PARTIYELI FOR REASONABLE ATTORNEY'S FEES FOR SERVICES RENDERED TO ENRIQUE A. ALBA-URBINA (A MINOR)

2/4/2020: Declaration (name extension) - Declaration DECLARATION OF JACOB O. PARTIYELI FOR REASONABLE ATTORNEY'S FEES FOR SERVICES RENDERED TO ENRIQUE A. ALBA-URBINA (A MINOR)

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

2/18/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

Proof of Service by Mail - Proof of Service by Mail

3/16/2020: Proof of Service by Mail - Proof of Service by Mail

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

4/17/2020: 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

5/12/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/28/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem

Amended Complaint - Amended Complaint

2/13/2019: Amended Complaint - Amended Complaint

Demand for Jury Trial - Demand for Jury Trial

2/15/2019: Demand for Jury Trial - Demand for Jury Trial

Civil Case Cover Sheet - Civil Case Cover Sheet

12/20/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/20/2018: First Amended Standing Order - First Amended Standing Order

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

12/20/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

12/20/2018: Complaint - Complaint

Summons - Summons on Complaint

12/20/2018: Summons - Summons on Complaint

12 More Documents Available

 

Docket Entries

  • 12/23/2021
  • Hearing12/23/2021 at 10:30 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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  • 02/10/2021
  • Hearing02/10/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 02/10/2021
  • Hearing02/10/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/16/2020
  • DocketOrder to Show Cause Re: Dismissal scheduled for 02/10/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 07/16/2020
  • 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: Urbina Karmen (Plaintiff); Enrique A. Alba-Urbina-Urbani (Minor) (Plaintiff); As to: Paul Azzi, as an individual (Defendant)

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  • 07/16/2020
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 07/16/2020
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 07/16/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/16/2020; Result Type to Held - Motion Granted

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  • 05/12/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/12/2020
  • DocketThere being no judge available this date, Non-Jury Trial scheduled for 06/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 02/10/2021 08:30 AM

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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21 More Docket Entries
  • 01/16/2019
  • Docket** Filing Date changed from 12/20/2018 to 01/16/2019

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  • 12/28/2018
  • DocketNon-Jury Trial scheduled for 06/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/28/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/23/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/28/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 12/20/2018
  • DocketComplaint; Filed by: Urbina Karmen (Plaintiff); Sharleen Martinez (Plaintiff); Gustavo Lopez-Urbani (Plaintiff); David Figueroa (Plaintiff); Enrique A. Alba-Urbina-Urbani (Minor) (Plaintiff); As to: Paul Azzi, as an individual (Defendant); Baskinta Holdings, LLC (Defendant)

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  • 12/20/2018
  • DocketSummons on Complaint; Issued and Filed by: Urbina Karmen (Plaintiff); Sharleen Martinez (Plaintiff); Gustavo Lopez-Urbani (Plaintiff); David Figueroa (Plaintiff); Enrique A. Alba-Urbina-Urbani (Minor) (Plaintiff); As to: Paul Azzi, as an individual (Defendant); Baskinta Holdings, LLC (Defendant)

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  • 12/20/2018
  • DocketCivil Case Cover Sheet; Filed by: Urbina Karmen (Plaintiff); Sharleen Martinez (Plaintiff); Gustavo Lopez-Urbani (Plaintiff); David Figueroa (Plaintiff); Enrique A. Alba-Urbina-Urbani (Minor) (Plaintiff); As to: Paul Azzi, as an individual (Defendant); Baskinta Holdings, LLC (Defendant)

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  • 12/20/2018
  • DocketCivil Case Cover Sheet; Filed by: Urbina Karmen (Plaintiff); Sharleen Martinez (Plaintiff); Gustavo Lopez-Urbani (Plaintiff); David Figueroa (Plaintiff); Enrique A. Alba-Urbina-Urbani (Minor) (Plaintiff); As to: Paul Azzi, as an individual (Defendant); Baskinta Holdings, LLC (Defendant)

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  • 12/20/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/20/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC15128    Hearing Date: July 16, 2020    Dept: 25

PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC rule 7.950)

TENTATIVE RULING:

The Petition to Approve Minor’s Compromise of Disputed Claim 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 July 14, 2020 [ ] Late [X] None

REPLY: None filed as of July 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 20, 2018, Plaintiff Urbina Karmen (“Petitioner”), Sharleen Martinez, Gustavo Lopez-Urbani, David Figueroa and minor Plaintiff Enrique A. Alba-Urbina-Urbani (“Claimant”) (collectively, “Plaintiffs”) filed an action against Defendants Paul Azzi and Baskinta Holding, LLC (collectively, “Defendants”). On February 13, 2019, Plaintiffs filed a First Amended Complaint. On February 15, 2019, Defendants filed an Answer.

On November 7, 2019, Petitioner filed an Expedited Petition to Approve Compromise of a Disputed Claim (the “Petition”) on behalf of minor Claimant.

On January 30, 2019, the Court noted the Petition was incomplete, that Petitioner’s application for Appointment of Guardian Ad Litem for Claimant was rejected, and that the Petition failed to include a proof of service demonstrating Defendants were properly served. (1/30/19 Minute Order.) The Court scheduled a hearing on the Petition for March 2, 2020 pursuant to California Rules of Court, rule 7.950.5, subdivision (c)(1) and ordered Petitioner to file an amended petition and supplemental papers resolving the identified deficiencies. (Id.)

On February 4, 2020, Petitioner filed an Amended Petition. On February 18, 2020, Petitioner’s Application for Appointment of Guardian Ad Litem of Claimant was approved.

At the continued hearing, the Court found that the Amended Petition was complete and that the proposed settlement was fair and reasonable in light of Claimant’s damages. (3/2/20 Minute Order.) However, the Court noted that the proof of service Petitioner was incomplete as it did not include any dates and ordered Petitioner to file an amended and complete proof of service. (Id.)

On March 16, 2020, Petitioner filed an Amended Proof of Service as requested.

To date, no opposition has been filed.

  1. Legal Standard & Discussion

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.” (Code Civ. Proc., § 372.) Furthermore, a petition for court approval of a compromise of a minor must be fully completed. (See California Rules of Court, rule 7.950.5)

As noted above, the Court previously found the Petition to be complete and the proposed settlement fair and reasonable in light of Claimant’s damages. (3/2/20 Minute Order.) In addition, Proposed Order to Grant Petition on Form MC-351 and the amended proof of service have both been filed. Thus, the Petition is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Minor’s Compromise of Disputed Claim is GRANTED.

Moving party is ordered to give notice.

Case Number: 18STLC15128    Hearing Date: March 02, 2020    Dept: 25

PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC rule 7.950.5)

TENTATIVE RULING:

The Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED to at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

ANALYSIS:

  1. Background

Petitioner Urbina Karmen (“Petitioner”) filed an Expedited Petition to Approve Compromise of a Disputed Claim (the “Petition”) with Defendants Paul Azzi and Baskinta Holding, LLC (“Defendants”) on behalf of minor Claimant Enrique A. Alba-Urbina (“Claimant”) on November 7, 2019.

On January 30, 2019, the Court noted the Petition was incomplete, that Petitioner’s application for Appointment of Guardian Ad Litem of Claimant was rejected, and that the Petition failed to include a proof of service demonstrating Defendants were properly served. (1/30/19 Minute Order.) The Court scheduled a hearing on the Petition for March 2, 2020 pursuant to California Rules of Court, rule 7.950.5, subdivision (c)(1) and ordered Petitioner to file an amended petition and supplemental papers at least 16 days before the next hearing date. (Id.)

On February 4, 2020, Petitioner filed an Amended Petition. On February 18, 2020, Petitioner’s Application for Appointment of Guardian Ad Litem of Claimant was approved.

  1. Legal Standard & Discussion

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.” (Code Civ. Proc., § 372.) Furthermore, a petition for court approval of a compromise of a minor must be fully completed. (See California Rules of Court, rule 7.950.5)

Having reviewed the Amended Petition, the Court finds it to be complete. The Court further finds that the proposed settlement is fair and reasonable in light of Claimant’s damages. However, the Proof of Service attached to the Amended Petition is incomplete as it does not include any dates. Specifically, Proof of Service states:

(Amended Pet., Proof of Service.)

Accordingly, before the Court can approve the Petition, Petitioner must file an amended proof of service correcting these deficiencies.

  1. Conclusion & Order

For the foregoing reasons, the Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED to MAY 6, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.