On 08/12/2013 ELIA TIBURCIO VALERIANO filed a Personal Injury - Motor Vehicle lawsuit against YERGLER CORPORATION. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM and HOLLY J. FUJIE. The case status is Pending - Other Pending.
****7987
08/12/2013
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
HOWARD L. HALM
HOLLY J. FUJIE
VALERIANO ELIA TIBURCIO
DOES 1 TO 50
VASQUEZ JULIO CESAR VASQUEZ JR.
YERGLER CORPORATION
HERNANDEZ ZARAI
LAW OFFICES OF DENNIS R. FUSI &
LAW OFFICES OF DENNIS R. FUSI
MONTELEONE ANA J. ESQ.
8/12/2013: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
1/29/2014: SUMMONS
3/19/2014: GENERAL DENIAL TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
3/19/2014: Unknown
11/17/2014: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY
12/16/2014: REQUEST FOR DISMISSAL
4/8/2015: NOTICE OF MOTION AND MOTION FOR AN ORDER SEEKING LEAVE OF THE COURTTO FILE A CROSS-COMPLAINT; ETC
6/12/2015: ORDER RE: MOTION OF DEFENDANTS, YERGLER CORPORATION AND JULIO CESAR VASQUES, JR. FOR LEAVE TO FILE A CROSS-COMPLAINT AGAINST ELIA TIBURCIO VALERIANO
7/9/2015: NOTICE OF RULING FOR DEFENDANT'S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT
7/9/2015: PROOF OF SERVICE SUMMONS
12/8/2015: NOTICE OF FILING OF BANKRUPTCY
1/19/2016: Minute Order
1/26/2016: NOTICE OF RULING AT FINAL STATUS CONFERENCE
2/17/2017: Minute Order
6/12/2017: DECLARATION OF DENNIS R. FUSI SUBMITTED IN CONNECTION WITH THE COURT'S "ORDER TO SHOW CAUSE" HEARING.
6/16/2017: Minute Order
7/26/2017: ASSOCIATION OF COUNSEL
8/3/2017: Minute Order
Notice of Ruling (AT FINAL STATUS CONFERENCE ) Filed by Attorney for Defendant & X-Deft
Notice (OF FILING OF BANKRUPTCY ) Filed by Attorney for Defendant & X-Deft
Answer to Cross-Complaint Filed by Attorney for Plaintiff/Petitioner
Proof-Service/Summons Filed by Attorney for Defendant/Respondent
Notice of Ruling (FOR DEFT'S MOTION FOR LEAVE TO FILE A CROSS-COMPL. ) Filed by Attorney for Defendant/Respondent
Order (RE MOTION OF DEFENDANTS, YERGLER CORPORATION AND JULIO CESAR VASQUEZ, JR., FOR LEAVE TO FILE A CROSS-COMPLAINT AGSINST ELIA TIBURCIO VALERIANO ) Filed by Court
Motion for Leave (TO FILE A CROSS-COMPLAINT ) Filed by Attorney for Defendant/Respondent
Partial Dismissal (with Prejudice) Filed by Plaintiff
Stip & Order-Continue Trial,FSC-PI (FSC 01/19/16 TRIAL 02/08/16 ) Filed by Attorney for Plaintiff/Petitioner
Receipt (jury fees $150. ) Filed by Attorney for Defendant/Respondent
General Denial Filed by Attorney for Defendant/Respondent
Summons Filed Filed by Clerk
Summons Issued Filed by Clerk
Ord Apptng Guardian Ad Litem (FOR ZARAI HERNANDEZ ) Filed by Attorney for Pltf/Petnr
Application-Miscellaneous (FOR ZARAI HERNANDEZ GUARDIAN AD LITEM ) Filed by Attorney for Pltf/Petnr
Complaint
Case Number: BC517987 Hearing Date: October 25, 2019 Dept: 4B
[TENTATIVE] ORDER RE: PETITIONS TO APPROVE MINOR’S COMPROMISE
Claimant Zarai Hernandez (“Claimant”), a minor, by and through her parent Elia Tiburcio Valeriano (“Petitioner”), has agreed to settle her claims against Defendants Julio Vasquez and Yergler Corporation in exchange for $725,000.00. If approved, $92,674.63 will be used to pay medical expenses, $239,250.00 will be used to pay attorneys fees, and $1,045.13 will be used to pay non-medical expenses, leaving a balance of $392,030.24 for Claimant, to be deposited into two blocked accounts.
Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds it to be fair and reasonable. Further, the Court finds the proposed attorney’s fees, which amount to 32% of the settlement amount, to be fair and reasonable.
Accordingly, the unopposed Petition to approve minor’s compromise is GRANTED.
The Court sets an OSC for December 6, 2019 at 8:30 a.m. for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.
Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the October 25, 2019 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.