On 12/15/2016 GLADYS FARRELL filed a Personal Injury - Motor Vehicle lawsuit against MARIA CARVAJAL BOLANOS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Dismissed.
****3496
12/15/2016
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
FARRELL GLADYS
CARVAJAL-BOLANOS MARIA
DOES 1 TO 25
FARRELL MARIANA
NOLAN RONALD J.
DIDONATO LAW CENTER
1/19/2018: Other -
1/25/2018: Minute Order
2/9/2018: NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE PROOF OF DEPOSIT OF MINOR'S MONEY; OSC RE: SANCTIONS
3/15/2018: Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account
3/26/2018: Response
3/28/2018: Minute Order
12/15/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
8/10/2017: Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability (Miscellaneous)
8/22/2017: NOTICE OF CHANGE OF ADDRESS; NOTICE OF UNAVAILABILITY OF COUNSEL; AND NOTICE OF TEMPORARY OFFICE CLOSURE
9/1/2017: HEARING DATE: NO HEARING - RULING RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF A MINOR
9/20/2017: COPY OF ATTORNEY-CLIENT RETAINER AGREEMENT FOR EXPEDITED PETITION FOR COMPROMISE OF A DISPUTED CLAIM OF A MINOR
9/26/2017: RULING RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF A MINOR
9/26/2017: ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
9/26/2017: ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT
9/26/2017: Minute Order
10/4/2017: NOTICE OF RULING GRANTING PETITION FOR MINOR'S COMPROMISE OF DISPUTED CLAIM
at 08:30 AM in Department 91; (Order to Show Cause; Order of Dismissal) -
Minute Order
Response; Filed by Mariana Farrell (Legacy Party); Gladys Farrell (Plaintiff)
Response To OSC re Proof of Deposit and Sanctions
Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by Gladys Farrell (Plaintiff)
Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account
Notice Re: Continuance of Hearing and Order; Filed by Mariana Farrell (Legacy Party); Gladys Farrell (Plaintiff)
NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE PROOF OF DEPOSIT OF MINOR'S MONEY; OSC RE: SANCTIONS
at 08:30 AM in Department 91; (Order to Show Cause; Matter continued) -
Minute Order
Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc
Substitution of Attorney; Filed by Mariana Farrell (Legacy Party)
Substitution of Attorney; Filed by Mariana Farrell (Legacy Party); Gladys Farrell (Plaintiff)
Substitution of Attorney
Substitution of Attorney
NOTICE OF REJECTION APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
Application ; Filed by Plaintiff/Petitioner
Complaint; Filed by Gladys Farrell (Plaintiff)
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM- CIVIL EX PARTE
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC643496 Hearing Date: January 08, 2020 Dept: 2
Farrell v. Carvajal Bolanos
Plaintiff’s Motion to Vacate Dismissal for the Limited Purpose of Considering the Petition to Approve Compromise of Disputed Claim for Disposition of Proceeds of Arbitration Award for Minor is DENIED.
This action arises out of a car accident that occurred on 12/17/2014. Plaintiff minor Mariana Farrell, by and through her guardian ad litem, sued Defendant Maria Carvajal-Bolanos for injuries resulting from Defendant’s alleged negligence. A settlement for Ms. Carvajal-Bolanos’ policy limits of $15,000 was reached on behalf of the minor, and, on 9/26/2017, the Court approved the settlement upon an expedited petition to approve a compromise of disputed claim of a minor. The funds were ultimately deposited into a blocked account. On 3/28/2018, the case was dismissed.
Ms. Farrell subsequently proceeded with an underinsured motorist arbitration and obtained an award of $100,000, the policy limits. Section 11580.3 of the Insurance Code provides: “When an insured entitled to recover under uninsured motorists’ coverage is a minor, an arbitration award upon the minor’s claim is deemed to be a compromise” that requires Court approval. Ms. Farrell seeks to set aside the dismissal so that she can present her expedited petition for approval of the arbitration award in this action, rather than initiating a new action to present the petition.
The Court has no jurisdiction to enter the requested relief. Plaintiff has cited no authority for the proposition that a Court may set aside a dismissal pursuant to CCP § 128. With limited exceptions not applicable here, the Court’s jurisdiction to vacate a dismissal is governed by section 473(b). Such motions must be made within six months of the dismissal and must be supported by a showing of mistake, inadvertence, surprise and excusable neglect. No such showing has been made here. The Court does not have jurisdiction to act once the six-month period has expired. Castagnoli v. Castanoli (1954) 124 Cal. App. 2d 39, 41; Arambula v. Union Carbide Corp. (2005) 28 Cal. App. 4th 333, 345.
There are other reasons that the Court must deny this motion. Plaintiff seeks to set aside the dismissal against Defendant Maria Cavajal-Bolanos, but it does not appear that Plaintiff has provided notice to Defendant. Plaintiff has apparently given notice to Defendant’s insurance company’s lawyer, but there is no indication that the lawyer represents Defendant.
Further, the arbitration was between Plaintiff and State Farm Insurance Company. The respondent on the petition to confirm the arbitration award and minor’s compromise based on that award is State Farm. But State Farm is not a party to this action.
In sum, the Court is without jurisdiction to grant the requested relief. Plaintiff must file a separate action to obtain approval of the petition.
Moving party is ordered to give notice.