This case was last updated from Los Angeles County Superior Courts on 10/10/2021 at 04:00:59 (UTC).

VANESSA ESPINOSA, BY AND THROUGH GUARDIAN AD LITEM, ET AL. VS SYLVIA PINEDA

Case Summary

On 11/19/2020 VANESSA ESPINOSA, BY AND THROUGH GUARDIAN AD LITEM filed a Personal Injury - Motor Vehicle lawsuit against SYLVIA PINEDA. 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:

    *******9719

  • Filing Date:

    11/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

ESPINOSA MARIA ELIZABETH

Defendant

PINEDA SYLVIA

Attorney/Law Firm Details

Petitioner Attorney

ACOSTA MARIELYS CAROLYN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 08/23/2021

8/23/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 08/23/2021

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

8/23/2021: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account

8/23/2021: Order to Deposit Money Into Blocked Account - Order to Deposit Money Into Blocked Account

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

8/23/2021: 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

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

8/5/2021: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Proof of Service by Mail - Proof of Service by Mail

8/5/2021: Proof of Service by Mail - Proof of Service by Mail

Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 07/21/2021

7/21/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 07/21/2021

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

7/21/2021: Minute Order - Minute Order (Hearing on Expedited Petition to Confirm Compromise)

Request (name extension) - Request and [proposed]order continuing hearing on expedited petition to confirm compromise

5/28/2021: Request (name extension) - Request and [proposed]order continuing hearing on expedited petition to confirm compromise

Minute Order - Minute Order (Court Order Re: PETITION FOR EXPEDITED APPROVAL OF COMPROMISE...)

5/7/2021: Minute Order - Minute Order (Court Order Re: PETITION FOR EXPEDITED APPROVAL OF 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

2/16/2021: 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

Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account - Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

2/16/2021: Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account - Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

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

11/30/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Vanessa

Complaint - Complaint

11/19/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/19/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

11/19/2020: First Amended Standing Order - First Amended Standing Order

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

11/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 12/01/2021
  • Hearing12/01/2021 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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  • 08/23/2021
  • DocketOrder to Show Cause Re: Dismissal scheduled for 12/01/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/23/2021
  • 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: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner)

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  • 08/23/2021
  • DocketOrder to Deposit Money Into Blocked Account; Signed and Filed by: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner)

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  • 08/23/2021
  • DocketMinute Order (Hearing on Expedited Petition to Confirm Compromise)

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  • 08/23/2021
  • DocketCertificate of Mailing for (Hearing on Expedited Petition to Confirm Compromise) of 08/23/2021; Filed by: Clerk

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  • 08/23/2021
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 08/23/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/23/2021; Result Type to Held - Motion Granted

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  • 08/23/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 05/19/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 08/23/2021

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  • 08/23/2021
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 11/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 08/23/2021

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  • 08/05/2021
  • DocketProof of Service by Mail; Filed by: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Sylvia Pineda (Defendant)

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14 More Docket Entries
  • 11/30/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Vanessa: Filed By: Maria Elizabeth Espinosa (Petitioner),Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Result: Granted; Result Date: 11/30/2020

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  • 11/30/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Vanessa; Signed and Filed by: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Vanessa Espinosa, by and through guardian ad litem (Plaintiff)

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  • 11/19/2020
  • DocketNon-Jury Trial scheduled for 05/19/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 11/19/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/19/2020
  • DocketComplaint; Filed by: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Sylvia Pineda (Defendant)

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  • 11/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Sylvia Pineda (Defendant)

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  • 11/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Vanessa Espinosa, by and through guardian ad litem (Plaintiff); Maria Elizabeth Espinosa (Petitioner); As to: Sylvia Pineda (Defendant)

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  • 11/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/19/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b"

Case Number: 20STLC09719 Hearing Date: August 23, 2021 Dept: 25

PROCEEDINGS: PETITION\r\nFOR EXPEDITED APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF\r\nPROCEEDS OF JUDGMENT FOR MINOR

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MOVING PARTY: Petitioner\r\nMaria Elizabeth Espinosa on behalf of minor Claimant Vanessa Espinosa

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RESP. PARTY: None

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PETITION TO APPROVE COMPROMISE MINOR’S CLAIM

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(CCP § 372, CRC, rule 7.950.5)

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TENTATIVE RULING:

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The Petition to approve minor\r\nClaimant’s compromise is GRANTED.

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SERVICE: \r\n

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[X] Proof of Service Timely Filed\r\n(CRC, rule 3.1300) NO

\r\n\r\n

[X] Correct Address (CCP §§ 1013,\r\n1013a) NO

\r\n\r\n

[X] 16/21 Court Days Lapsed (CCP §§\r\n12c, 1005(b)) NO

\r\n\r\n

\r\n\r\n

OPPOSITION: None filed as of August\r\n19, 2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof August 19, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

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\r\n\r\n

On\r\nNovember 19, 2020, minor Plaintiff Vanessa Espinosa (“Claimant”) through her\r\nguardian ad litem Maria Elizabeth Espinosa (“Petitioner”) filed an action\r\nagainst Defendant Sylvia Pineda (“Defendant”). Petitioner was appointed as\r\nClaimant’s guardian ad litem on November 30, 2020.

\r\n\r\n

\r\n\r\n

Petitioner\r\nfiled the instant Petition for Expedited Approval of Compromise of Claim or\r\nAction or Disposition of Proceeds of Judgment for Minor (the “Petition”) on\r\nbehalf of Claimant February 16, 2021.

\r\n\r\n

\r\n\r\n

On\r\nMay 7, the Court found that the Petition was complete and the proposed\r\nsettlement reasonable in light of Claimant’s injuries. (5/7/21 Minute Order.)\r\nAlthough inclined to grant the Petition, the Court set the matter for hearing\r\nfor June 9, 2021 because Defendant herself was not served with this action or\r\nwith the Petition. (Id.)

\r\n\r\n

\r\n\r\n

On\r\nMay 28, Petitioner filed a request to continue the June 9 hearing due to\r\nPetitioner’s counsel's scheduled surgery. (5/28/21 Request to Continue\r\nHearing.) Counsel also stated that Defendant was aware of this Petition. (Id.)\r\n

\r\n\r\n

\r\n\r\n

At\r\nthe previous July 21 hearing, the Court found that Petitioner’s proof of\r\nservice demonstrating Deborah A. Keener, Defendant’s insurance adjuster, was\r\nserved with the Summons, Complaint, and Petition via email on May 14, 2021, was\r\ninsufficient. The Court explained that a judgment of $2,500.00 would be entered\r\nagainst Defendant, implicating her due process rights. (Id.) The Court\r\nalso rejected Petitioner’s argument that, under Probate Code Sections 3611(d)94\r\n[sic] and 340195 [sic], approval was not necessary. (Id.) The Court\r\nexplained that Sections 3401 and 3611 did not expressly state service was not\r\nnecessary when a summons and complaint were filed and when a proposed\r\nsettlement would be reduced to a judgment. (Id.) The hearing was\r\ncontinued and Petitioner was ordered to properly serve Defendant. (Id.)

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\r\n\r\n

On\r\nAugust 5, 2021, Petitioner filed a notice of acknowledgment of receipt executed\r\nby Defendant on August 4, for the Summons, Complaint, and Petition. (8/5/21\r\nNotice of Acknowledgement of Receipt.) Defendant did not file any opposition.

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Thus,\r\nthe Petition is now GRANTED.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, the\r\nPetition to approve minor Claimant’s compromise is GRANTED.

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Petitioner is ordered to give\r\nnotice.

"
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