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.
****9552
11/03/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
MONTANO JUANA
MONTANO IGNACIO
DOES 1 TO 50
T. CAMILLA
TORRES ROY
GAITAN RAYMOND ESQ.
PEREZ FRANK ESQ.
JACOBSON ERIC SCOTT ESQ.
3/6/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, ISC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (DEPARTMENT 91. 92, 93, 97)
4/26/2018: SUBSTITUTION OF ATTORNEY
8/21/2018: Minute Order
8/31/2018: [ORDER] AND STIPULATION TO CONTINUE TRIAL FSC[ AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY
10/24/2018: Ex Parte Application
10/24/2018: Minute Order
10/24/2018: Order
2/1/2019: Minute Order
2/1/2019: Notice of Settlement
2/1/2019: Unknown
2/27/2019: Summons
2/27/2019: Unknown
3/8/2019: Amendment to Complaint (Fictitious/Incorrect Name)
3/27/2019: Minute Order
3/27/2019: Unknown
4/2/2019: Answer
4/9/2019: Petition to Confirm Minor's Compromise Hearing
5/7/2019: Minute Order
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
Minute Order ( (Hearing on Petition to Confirm Minor's Compromise)); Filed by Clerk
Petition to Approve Compromise of Disputed Claim; Filed by Camilla T. (Plaintiff); Roy Torres (Plaintiff)
Petition to Approve Compromise of Disputed Claim; Filed by Camilla T. (Plaintiff); Roy Torres (Plaintiff)
Answer (JUANA MONTANO AND IGNACIO MONTANO'S ANSWER TO AMENDED COMPLAINT); Filed by Ignacio Montano (Defendant); Juana Montano (Defendant)
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
Minute Order ( (Hearing on Plaintiffs' Motion for Order to Amend Complaint an...)); Filed by Clerk
Certificate of Mailing for (Minute Order (Hearing on Plaintiffs' Motion for Order to Amend Complaint an...) of 03/27/2019); Filed by Clerk
Amendment to Complaint (Fictitious/Incorrect Name); Filed by Roy Torres (Plaintiff); Priscilla T. minor by and through her Guardian ad Litem Roy Torres (Plaintiff)
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)
PROOF OF SERVICE SUMMONS
Proof-Service/Summons
Summons Issued; Filed by Clerk
SUMMONS
Summons; Filed by Clerk
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC
Complaint; Filed by null
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
Application ; Filed by Plaintiff/Petitioner
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 |