This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 15:21:36 (UTC).

CAMILLA T VS JUANA MONTANO ET AL

Case Summary

On 11/03/2016 CAMILLA T filed a Personal Injury - Other Personal Injury lawsuit against JUANA MONTANO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9552

  • Filing Date:

    11/03/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Defendants and Respondents

MONTANO JUANA

MONTANO IGNACIO

DOES 1 TO 50

Minor

T. CAMILLA

Guardian Ad Litem

TORRES ROY

Attorney/Law Firm Details

Defendant Attorney

GAITAN RAYMOND ESQ.

Minor Attorney

PEREZ FRANK ESQ.

Other Attorneys

JACOBSON ERIC SCOTT ESQ.

 

Court Documents

ORDER AND STIPULATION TO CONTINUE TRIAL, ISC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (DEPARTMENT 91. 92, 93, 97)

3/6/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, ISC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (DEPARTMENT 91. 92, 93, 97)

SUBSTITUTION OF ATTORNEY

4/26/2018: SUBSTITUTION OF ATTORNEY

Minute Order

8/21/2018: Minute Order

[ORDER] AND STIPULATION TO CONTINUE TRIAL FSC[ AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

8/31/2018: [ORDER] AND STIPULATION TO CONTINUE TRIAL FSC[ AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

Ex Parte Application

10/24/2018: Ex Parte Application

Minute Order

10/24/2018: Minute Order

Order

10/24/2018: Order

Minute Order

2/1/2019: Minute Order

Notice of Settlement

2/1/2019: Notice of Settlement

Unknown

2/1/2019: Unknown

Summons

2/27/2019: Summons

Unknown

2/27/2019: Unknown

Amendment to Complaint (Fictitious/Incorrect Name)

3/8/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Minute Order

3/27/2019: Minute Order

Unknown

3/27/2019: Unknown

Answer

4/2/2019: Answer

Petition to Confirm Minor's Compromise Hearing

4/9/2019: Petition to Confirm Minor's Compromise Hearing

Minute Order

5/7/2019: Minute Order

13 More Documents Available

 

Docket Entries

  • 05/07/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Petition to Confirm Minor's Compromise - Not Held - Continued - Court's Motion

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  • 05/07/2019
  • Minute Order ( (Hearing on Petition to Confirm Minor's Compromise)); Filed by Clerk

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  • 05/03/2019
  • Petition to Approve Compromise of Disputed Claim; Filed by Camilla T. (Plaintiff); Roy Torres (Plaintiff)

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  • 04/09/2019
  • Petition to Approve Compromise of Disputed Claim; Filed by Camilla T. (Plaintiff); Roy Torres (Plaintiff)

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  • 04/02/2019
  • Answer (JUANA MONTANO AND IGNACIO MONTANO'S ANSWER TO AMENDED COMPLAINT); Filed by Ignacio Montano (Defendant); Juana Montano (Defendant)

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  • 03/27/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion for Order (to Amend Complaint and File Answer to Amend Complaint, and Set Hearing On Motion To Approve Minors' Compromise;) - Held

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  • 03/27/2019
  • Minute Order ( (Hearing on Plaintiffs' Motion for Order to Amend Complaint an...)); Filed by Clerk

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  • 03/27/2019
  • Certificate of Mailing for (Minute Order (Hearing on Plaintiffs' Motion for Order to Amend Complaint an...) of 03/27/2019); Filed by Clerk

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  • 03/08/2019
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Roy Torres (Plaintiff); Priscilla T. minor by and through her Guardian ad Litem Roy Torres (Plaintiff)

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  • 03/08/2019
  • Motion for Leave to Amend (Complaint and File an Answer to Amended Complaint, and Set Hearing on Motion to Approve Minors' Compromise); Filed by Camilla T. (Plaintiff); Roy Torres (Plaintiff)

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32 More Docket Entries
  • 12/01/2016
  • PROOF OF SERVICE SUMMONS

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  • 12/01/2016
  • Proof-Service/Summons

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  • 11/16/2016
  • Summons Issued; Filed by Clerk

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  • 11/16/2016
  • SUMMONS

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  • 11/16/2016
  • Summons; Filed by Clerk

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  • 11/10/2016
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 11/03/2016
  • COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

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  • 11/03/2016
  • Complaint; Filed by null

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  • 11/03/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

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  • 11/03/2016
  • Application ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC639552    Hearing Date: January 14, 2020    Dept: 29

Camilla T. v. Juana Montano et al.

The court has considered the Expedited Petition to Approve Compromise of Pending Action of a Minor, Priscilla T. (Age 10), filed on 7/17/19 as well as the Supplemental Declaration of Eric S. Jacobson filed 11/20/19.

Plaintiff’s counsel’s Supplemental Declaration indicates that the California Victims Compensation Board (“CVCB”) reduced its lien from $2,475.00 to $1,546.88. Counsel does not provide a letter of agreement from CVCB with respect to its lien amount.

This representation conflicts with the request in the Expedited Petition filed on 7/17/19. Counsel’s letter of 6/19/19 confirms that CVCB’s lien amount for Priscilla T. was $2,062.50, and CVCB agreed to accept $500.00. Petition, Attachment 14a. The Court thus approves a distribution reflecting $500 payment to CVCB.

The Court has not included a $60.00 filing fee sought for reimbursement since there is no fee charged for this petition as shown by the Court’s Civil Fee Schedule eff. 7/1/16, page 5.

The Court has considered counsel’s request that the Court disburse the funds to the guardian, Roy Torres, contrary to the Petition, which proposed deposit into a blocked account. Funds can be disbursed to a parent, but the funds must be held in trust for the minor until 18. Probate Code § 3611, § 3401(a). The proposed order will include that condition.

Accordingly, the Court approves distribution of the settlement as follows:

California Victims Compensation Board

500.00

Attorney’s fees (25%)

875.00

Total Fees and costs

$1,375.00

Total settlement

$3,500.00

Less fees and costs

-1,375.00

Net Settlement

$2,125.00