This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 00:26:39 (UTC).

DIMITRY FRANKLIN ET AL VS RIGOBERTO ARAGON ZARATE

Case Summary

On 07/13/2015 DIMITRY FRANKLIN filed a Personal Injury - Motor Vehicle lawsuit against RIGOBERTO ARAGON ZARATE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8008

  • Filing Date:

    07/13/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff, Petitioner and Guardian Ad Litem

FRANKLIN DIMITRY

Claimant

STATE FARM MUTUAL AUTOMOBILE INC. CO.

Defendants and Respondents

DOES 1 TO 20

ZARATE RIGOBERTO ARAGON

Minor

BROUSSARD JUSTIN ANDREW JR.

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

IVIE MCNEILL & WYATT

PURCELL BYRON MICHAEL

Claimant Attorney

REESE LAW GROUP

Defendant and Respondent Attorneys

AYOTTE NORMAND A. ESQ.

JONES & AYOTTE LAW OFFICES OF

 

Court Documents

Proof of Service

4/9/2018: Proof of Service

SUBMITTED ON THE MOVING PAPERS WITHOUT AN APPEARANCE PER CRC 3.1304(C)

4/9/2018: SUBMITTED ON THE MOVING PAPERS WITHOUT AN APPEARANCE PER CRC 3.1304(C)

NOTICE OF HEARING

4/9/2018: NOTICE OF HEARING

DECLARATION OF GOLNAZ HEIDARI, ESQ. IN SUPPORT OF MOTION TO VACATE DISMISSAL

7/12/2018: DECLARATION OF GOLNAZ HEIDARI, ESQ. IN SUPPORT OF MOTION TO VACATE DISMISSAL

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO VACATE DISMISSAL

7/12/2018: MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO VACATE DISMISSAL

NOTICE OF RULING RE OSC RE DISMISSAL

7/16/2018: NOTICE OF RULING RE OSC RE DISMISSAL

AMENDED NOTICE OF HEARING

9/4/2018: AMENDED NOTICE OF HEARING

Minute Order

9/13/2018: Minute Order

Notice of Ruling

10/3/2018: Notice of Ruling

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT

10/3/2018: MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT

Minute Order

4/17/2019: Minute Order

Proof of Service (not Summons and Complaint)

5/23/2019: Proof of Service (not Summons and Complaint)

Notice

5/23/2019: Notice

Minute Order

10/12/2016: Minute Order

NOTICE OF RULING RE CASES BEING RELATED

10/20/2016: NOTICE OF RULING RE CASES BEING RELATED

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] - PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

12/22/2016: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] - PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

ORDER AND STIPULATION TO CONTINUE TRIAL FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

12/22/2016: ORDER AND STIPULATION TO CONTINUE TRIAL FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

STIPULATION FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH

6/5/2017: STIPULATION FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH

34 More Documents Available

 

Docket Entries

  • 06/03/2019
  • Notice of Settlement; Filed by Dimitry Franklin (Plaintiff)

    Read MoreRead Less
  • 05/23/2019
  • Proof of Service (not Summons and Complaint); Filed by State Farm Mutual Automobile Inc. Co. (Claimant)

    Read MoreRead Less
  • 05/23/2019
  • Notice (NOTICE OF HEARING); Filed by State Farm Mutual Automobile Inc. Co. (Claimant)

    Read MoreRead Less
  • 05/16/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal (for Lack of Prosecution) - Not Held - Vacated by Court

    Read MoreRead Less
  • 05/16/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal for Lack of Prosecution)); Filed by Clerk

    Read MoreRead Less
  • 04/17/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Court Order

    Read MoreRead Less
  • 04/17/2019
  • Minute Order ( (Court Order)); Filed by Clerk

    Read MoreRead Less
  • 04/17/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 04/17/2019); Filed by Clerk

    Read MoreRead Less
  • 10/31/2018
  • Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

    Read MoreRead Less
  • 10/03/2018
  • Notice of Ruling; Filed by State Farm Mutual Automobile Inc. Co. (Claimant)

    Read MoreRead Less
65 More Docket Entries
  • 08/26/2015
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 08/26/2015
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 07/21/2015
  • Summons; Filed by Clerk

    Read MoreRead Less
  • 07/21/2015
  • SUMMONS

    Read MoreRead Less
  • 07/21/2015
  • Summons Issued; Filed by Clerk

    Read MoreRead Less
  • 07/16/2015
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 07/13/2015
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 07/13/2015
  • Complaint; Filed by Dimitry Franklin (Plaintiff)

    Read MoreRead Less
  • 07/13/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

    Read MoreRead Less
  • 07/13/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less

Tentative Rulings

Case Number: BC588008    Hearing Date: November 01, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

dimitry franklin, et al.,

Plaintiffs,

v.

Rigoberto aragon zarate,

Defendant.

Case No.: BC588008

Hearing Date: November 1, 2019

[TENTATIVE] order RE:

plaintiff’s Motion to Enforce settlement Agreement

Plaintiff Justin Andrew Broussard Jr., through his guardian ad litem Dimitri Franklin (“Plaintiff”), moves to enforce the settlement agreement between Plaintiff and Defendant Rigoberto Aragon Zarate (“Defendant”). Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the Court acts as a trier of fact. The Court must determine whether the parties entered into a valid and binding settlement. To do so, the Court may receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

In this case, Plaintiff and Defendant entered into a settlement agreement on February 10, 2017, which the Court approved on July 31, 2018. It provides that Defendant would pay Plaintiff $5,500. (Declaration of Shant L. Vayvayan, Exhibit A.) Plaintiff has received $5,000 of the settlement amount, but the check for the remaining $500 was dated January 20, 2017, although Plaintiff did not receive it until October 18, 2018. The bank therefore rejected the check as stale. Per the terms of the settlement agreement, Defendant owes Plaintiff the amount of $500. Defendant did not oppose the motion. Therefore, the Court enters judgment in favor of Plaintiff in that amount.

CONCLUSION AND ORDER

Plaintiff’s motion to enforce settlement is granted per Code of Civil Procedure section 664.6. Judgment is entered in favor of Plaintiff and against Defendant in the amount of $500. Plaintiff shall provide notice and file proof of such with the Court.

DATED: November 1, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court