This case was last updated from Los Angeles County Superior Courts on 05/29/2019 at 00:51:11 (UTC).

GLADYS FARRELL ET AL VS MARIA CARVAJAL BOLANOS

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3496

  • Filing Date:

    12/15/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

FARRELL GLADYS

Defendants and Respondents

CARVAJAL-BOLANOS MARIA

DOES 1 TO 25

Guardian Ad Litem

FARRELL MARIANA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

NOLAN RONALD J.

DIDONATO LAW CENTER

 

Court Documents

Other -

1/19/2018: Other -

Minute Order

1/25/2018: Minute Order

NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE PROOF OF DEPOSIT OF MINOR'S MONEY; OSC RE: SANCTIONS

2/9/2018: NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE PROOF OF DEPOSIT OF MINOR'S MONEY; OSC RE: SANCTIONS

Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

3/15/2018: Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

Response

3/26/2018: Response

Minute Order

3/28/2018: Minute Order

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

12/15/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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)

8/10/2017: 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)

NOTICE OF CHANGE OF ADDRESS; NOTICE OF UNAVAILABILITY OF COUNSEL; AND NOTICE OF TEMPORARY OFFICE CLOSURE

8/22/2017: NOTICE OF CHANGE OF ADDRESS; NOTICE OF UNAVAILABILITY OF COUNSEL; AND NOTICE OF TEMPORARY OFFICE CLOSURE

HEARING DATE: NO HEARING - RULING RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF A MINOR

9/1/2017: HEARING DATE: NO HEARING - RULING RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF A MINOR

COPY OF ATTORNEY-CLIENT RETAINER AGREEMENT FOR EXPEDITED PETITION FOR COMPROMISE OF A 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

RULING RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF A MINOR

9/26/2017: RULING RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF A MINOR

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 APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY

ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT

9/26/2017: ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT

Minute Order

9/26/2017: Minute Order

NOTICE OF RULING GRANTING PETITION FOR MINOR'S COMPROMISE OF DISPUTED CLAIM

10/4/2017: NOTICE OF RULING GRANTING PETITION FOR MINOR'S COMPROMISE OF DISPUTED CLAIM

4 More Documents Available

 

Docket Entries

  • 03/28/2018
  • at 08:30 AM in Department 91; (Order to Show Cause; Order of Dismissal) -

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  • 03/28/2018
  • Minute Order

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  • 03/26/2018
  • Response; Filed by Mariana Farrell (Legacy Party); Gladys Farrell (Plaintiff)

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  • 03/26/2018
  • Response To OSC re Proof of Deposit and Sanctions

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  • 03/15/2018
  • Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by Gladys Farrell (Plaintiff)

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  • 03/15/2018
  • Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

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  • 02/09/2018
  • Notice Re: Continuance of Hearing and Order; Filed by Mariana Farrell (Legacy Party); Gladys Farrell (Plaintiff)

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  • 02/09/2018
  • NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE PROOF OF DEPOSIT OF MINOR'S MONEY; OSC RE: SANCTIONS

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  • 01/25/2018
  • at 08:30 AM in Department 91; (Order to Show Cause; Matter continued) -

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  • 01/25/2018
  • Minute Order

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19 More Docket Entries
  • 08/10/2017
  • Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc

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  • 03/28/2017
  • Substitution of Attorney; Filed by Mariana Farrell (Legacy Party)

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  • 03/28/2017
  • Substitution of Attorney; Filed by Mariana Farrell (Legacy Party); Gladys Farrell (Plaintiff)

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  • 03/28/2017
  • Substitution of Attorney

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  • 03/28/2017
  • Substitution of Attorney

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  • 12/23/2016
  • NOTICE OF REJECTION APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 12/15/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 12/15/2016
  • Complaint; Filed by Gladys Farrell (Plaintiff)

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  • 12/15/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM- CIVIL EX PARTE

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  • 12/15/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

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.