This case was last updated from Los Angeles County Superior Courts on 05/27/2019 at 16:15:55 (UTC).

EMILIANO CHACON VS WALNUT PARK ELEMENTARY SCHOOL ET AL

Case Summary

On 09/28/2016 EMILIANO CHACON filed a Personal Injury - Other Personal Injury lawsuit against WALNUT PARK ELEMENTARY SCHOOL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5523

  • Filing Date:

    09/28/2016

  • 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

CHRISTOPHER K. LUI

 

Party Details

Defendants and Respondents

LOS ANGELES UNIFIED SCHOOL DISTRICT

WALNUT PARK ELEMENTARY SCHOOL

DOES 1 TO 30

Others

ANTHONY

SALVADOR JORGE

Guardian Ad Litem and Not Classified By Court

CHACON RAMONA

Minor

CHACON EMILIANO

Attorney/Law Firm Details

Defendant Attorney

HUNT JAMES A. ASST. GENERAL COUNSEL

Not Classified By Court Attorney

KARPEL JEFFREY ELIOT

Minor Attorney

LAW OFFICES OF JEFFREY E. KARPEL

 

Court Documents

NOTICE OF SETTLEMENT OF ENTIRE CASE

9/5/2018: NOTICE OF SETTLEMENT OF ENTIRE CASE

DECLARATION OF MICHAEL D. MORTENSON IN SUPPORT OF DEFENDANT FORD MOTOR COMPANY'S OPPOSITION TO PLAINTIFF'S MOTION FOR ATFORNEY'S FEES, COSTS, AND EXPENSES

9/6/2018: DECLARATION OF MICHAEL D. MORTENSON IN SUPPORT OF DEFENDANT FORD MOTOR COMPANY'S OPPOSITION TO PLAINTIFF'S MOTION FOR ATFORNEY'S FEES, COSTS, AND EXPENSES

ORDER TO SHOW CAUSE RE: DISMISSAL

9/7/2018: ORDER TO SHOW CAUSE RE: DISMISSAL

Petition to Confirm Minor's Compromise Hearing

1/11/2019: Petition to Confirm Minor's Compromise Hearing

Minute Order

2/28/2019: Minute Order

Notice of Ruling

3/19/2019: Notice of Ruling

Minute Order

4/9/2019: Minute Order

Notice of Ruling

4/17/2019: Notice of Ruling

PLAINTIFF'S COMPLAINT FOR DAMAGES

9/28/2016: PLAINTIFF'S COMPLAINT FOR DAMAGES

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM- CIVIL

9/29/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM- CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

10/13/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS

10/24/2016: SUMMONS

CORRECTED SUMMONS

11/2/2016: CORRECTED SUMMONS

PROOF OF SERVICE SUMMONS

11/22/2016: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

12/5/2016: PROOF OF SERVICE SUMMONS

AMENDED PLAINTIFF'S COMPLAINT FOR DAMAGES

2/15/2017: AMENDED PLAINTIFF'S COMPLAINT FOR DAMAGES

REQUEST FOR DISMISSAL

2/21/2017: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

4/14/2017: REQUEST FOR DISMISSAL

11 More Documents Available

 

Docket Entries

  • 04/18/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Advanced and Continued - by Court

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  • 04/17/2019
  • Notice of Ruling; Filed by Emiliano Chacon (Plaintiff)

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  • 04/09/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held - Continued

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  • 04/09/2019
  • Minute Order ( (Hearing on Petition to Confirm Minor's Compromise)); Filed by Clerk

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  • 03/19/2019
  • Notice of Ruling; Filed by Ramona Chacon (Non-Party)

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  • 03/12/2019
  • Notice (Notice of Ruling on Petition to Approve Minor's Compromise); Filed by Ramona Chacon (Non-Party); Emiliano Chacon (Plaintiff)

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  • 02/28/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held - Continued

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  • 02/28/2019
  • Minute Order ( (Hearing on Petition to Confirm Minor's Compromise)); Filed by Clerk

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  • 01/11/2019
  • Petition to Approve Compromise of Disputed Claim; Filed by Ramona Chacon (Non-Party); Emiliano Chacon (Plaintiff)

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  • 12/06/2018
  • at 08:30 AM in Department 4; Order to Show Cause Re: Dismissal - Held - Continued

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33 More Docket Entries
  • 10/24/2016
  • Summons; Filed by Plaintiff/Petitioner

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  • 10/24/2016
  • SUMMONS

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  • 10/20/2016
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 10/13/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 10/13/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 10/05/2016
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 09/29/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 09/29/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM- CIVIL

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  • 09/28/2016
  • Complaint; Filed by null

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  • 09/28/2016
  • PLAINTIFF'S COMPLAINT FOR DAMAGES

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Tentative Rulings

Case Number: BC635523    Hearing Date: February 20, 2020    Dept: 28

Petition to Approve Minors Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On September 28, 2016, Plaintiff Emiliano Chacon, by and through his guardian ad litem, Ramona Chacon, (“Plaintiff”) filed a complaint against Walnut Park Elementary School, Los Angeles School District, “Anthony,” and Jorge Salvador. Plaintiff alleged battery, negligence, negligent supervision, intentional infliction of emotional distress, and respondeat superior in his complaint for a physical altercation that took place on October 16, 2015.

On February 15, 2017, Plaintiff filed an amended complaint.

On February 21, 2017, the Court dismissed Defendant Walnut Park Elementary School without prejudice.

On April 14, 2017, the Court dismissed Defendant LAUSD for causes of action three (IIED) and four (NEID) only.

On January 11, 2019, Petitioner Ramona Chacon (“Petitioner”) filed a petition to approve a compromise of pending action for Claimant Emiliano Chacon (“Claimant”).

On February 28, 2019, the Court continued the hearing on Petitioner’s petition to approve a compromise of pending action because of three defects in the petition that needed to be corrected.

On April 9, 2019, the Court continued the hearing on Petitioner’s petition to approve a compromise of pending action because Petitioner had not yet submitted documentation correcting the three defects highlighted in the February 28, 2019 minute order.

On December 9, 2019, the Court continued the hearing on Petitioner’s petition to approve a compromise of pending action because Petitioner still had not yet submitted documentation correcting the three defects highlighted in the February 28, 2019 minute order.

On January 23, 2020, the Court continued the hearing on Petitioner’s petition to approve a compromise of pending action to February 20, 2020 because the Court was closed for motions on January 27, 2020.

An Order to Show Cause Re: Dismissal for Failure to Submit Supplemental Documentation in Support of Petition for Minor’s Compromise is set for February 20, 2020.

PARTY’S REQUEST

Petitioner Rebekah Lynn Rogers (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Robert Green, Jr. (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952, subdivision (a), Petitioner and Claimant are typically required to attend the hearing on the petition. However, Petitioner’s and Claimant’s presence at this hearing are excused pursuant to the Court’s April 9, 2019 minute order.

DISCUSSION

Despite four continuances spanning nearly an entire year, Petitioner has still not lodged documentation with the Court alleviating the deficiencies present within the petition to approve a compromise of pending action for Claimant Emiliano Chacon filed on January 11, 2019.  As stated in the Court’s December 9, 2019 ruling the continued hearings requesting this information is a burden on the Court and all other parties to this action.  It is apparent that an additional continuance will not serve the interest of justice as Petitioner has established a habit of disregarding the Court’s leave to file the necessary documentation.  Therefore, the Court finds the petition must be denied.

CONCLUSION

The petition to approve a compromise of pending action for Claimant filed on January 11, 2019 is DENIED.

Petitioner is ordered to give notice of this ruling.

Case Number: BC635523    Hearing Date: December 09, 2019    Dept: 4A

Petition to Approve Minors Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On September 28, 2016, Plaintiff Emiliano Chacon, by and through his guardian ad litem, Ramona Chacon, (“Plaintiff”) filed a complaint against Walnut Park Elementary School, Los Angeles School District, “Anthony,” and Jorge Salvador. Plaintiff alleged battery, negligence, negligent supervision, intentional infliction of emotional distress, and respondeat superior in his complaint for a physical altercation that took place on October 16, 2015.

On February 15, 2017, Plaintiff filed an amended complaint.

On February 21, 2017, the Court dismissed Defendant Walnut Park Elementary School without prejudice.

On April 14, 2017, the Court dismissed Defendant LAUSD only as to causes of action three (IIED) and four (NEID).

On January 11, 2019, Petitioner Ramona Chacon (“Petitioner”) filed a petition to approve a compromise of pending action for Claimant Emiliano Chacon (“Claimant”).

On February 28, 2019, the Court continued the hearing on Petitioner’s petition to approve a compromise of pending action because of three defects in the petition that needed to be corrected.

On April 9, 2019, the Court continued the hearing on Petitioner’s petition to approve a compromise of pending action because Petitioner had not yet submitted documentation correcting the three defects highlighted in the February 28, 2019 minute order.

An Order to Show Cause Re: Dismissal is set for January 28, 2020.

PARTY’S REQUEST

Petitioner Rebekah Lynn Rogers (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Robert Green, Jr. (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952, subdivision (a), Petitioner and Claimant are typically required to attend the hearing on the petition. However, Petitioner’s and Claimant’s presence at this hearing are excused pursuant to the Court’s April 9, 2019 minute order.

DISCUSSION

Petitioner has still not lodged documentation with the Court alleviating the deficiencies that must be corrected for the Court to approve a compromise of pending action for Claimant Emiliano Chacon filed on January 11, 2019.  Petitioner has had nearly a year to submit this documentation.  The continued hearings requesting this information are a burden on the Court and all other parties to this action.  The Court finds it in the interest of justice to continue the hearing and to set an OSC Re: Dismissal for Failure to Submit Supplemental Documentation ISO Petition for Minor’s Comp.

Therefore, the petition is CONTINUED to January 27, 2020 at 1:30 p.m. in Department 4A at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012. 

The Court sets an OSC Re: Dismissal for Failure to Submit Supplemental Documentation ISO Petition for Minor’s Comp. for January 27, 2020 at 1:30 p.m. in Department 4A at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Petitioner is ordered to give notice of this ruling.