On 10/24/2016 JACQUELINE ROSALES filed a Personal Injury - Motor Vehicle lawsuit against EVAN ANDREW DIRECTO. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA C. ELLISON. The case status is Pending - Other Pending.
****8327
10/24/2016
Pending - Other Pending
Los Angeles County Superior Courts
Torrance Courthouse
Los Angeles, California
LAURA C. ELLISON
ROSALES MARCO
ROSALES JACQUELINE
ROSALES MARCOS
DIRECTO EVAN ANDREW
DOES 1 THROUGH 50
ROSALES ANTONELLA
ANTONELLA ROSALES
SCHECHTER BRUCE LEE ESQ.
SCHECHTER BRUCE LEE
LAW FIRM OF MCCLAUGHERTY & ASSOCIATES
VIDA SCOTT JAY
DEENA C. FARAH
MCCLAUGHERTY JAY S. ESQ.
ESQ. MCCLAUGHERTY JAY S.
MCCLAUGHERTY JAY STEPHEN ESQ.
2/9/2018: NOTICE OF MOTION AND MOTION FOR AN ORDER TO COMPEL INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES DECLARATION OF BRIAN S COHEN PROPOSED ORDER
3/16/2018: DEFENDANT S OPPOSITION TO EX PARTE ON PLAINTIFF S
4/2/2018: [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCO VERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
4/6/2018: Other -
6/13/2018: Notice
7/10/2018: DEFENDANT'S MOTION IN LIMINE NO. FOUR TO TO EXCLUDE EVIDENCE OF ANTONELLA ROSALES' INJURIES AS IRRELEVANT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JAY S. MCCLAUGHERTY.
7/19/2018: DEFENDANT'S MOTION IN LIMINE NO. FIVE TO TO EXCLUDE OPINIONS OF PLAINTIFFS' EXPERTS WHICH RELY ON LAYERED HEARSAY STATEMENTS IN VIOLATION OF PEOPLE V. SANCHEZ
7/20/2018: Reply
7/23/2018: PLAINTIFFS' MATRIX OF VIDEO DESIGNATIONS OF DEFENDANT EYAN ANDREW DIRECTO; OBJECTIONS; COUNTER-DESIGNATIONS; AND REPLIES (C.C.P. 2025.340 (M))
7/23/2018: PLAINTIFFS' MATRIX OF VIDEO DESIGNATIONS OF DAVID KRAUSS (VOLUME 1); OBJECTIONS; COUNTER- DESIGNATIONS; AND REPLIES (CC.P. 2025.340 (M))
7/23/2018: PLAINTIFFS' MATRIX OF VIDEO DESIGNATIONS OF GEORGE CHOW, M.D. (VOLUME 2); OBJECTIONS; COUNTER-DESIGNATIONS; AND REPLIES (C.C.P. 2025.340 (M))
7/25/2018: JOINT MATRIX OF VIDEO DESIGNATIONS OF ANTHONY KRETZMER, ETC
8/23/2018: Minute Order
8/28/2018: Minute Order
9/6/2018: Minute Order
9/13/2018: Objection
9/14/2018: Other -
11/19/2018: Minute Order
Statement of the Case ([Phase one Trial]); Filed by EVAN ANDREW DIRECTO (Defendant)
at 08:30 AM in Department A; Hearing on Motion for New Trial
at 08:30 AM in Department A; Hearing on Motion for New Trial - Not Held - Taken Off Calendar by Party
at 08:30 AM in Department A; Hearing on Motion to Strike (and Tax Costs Contained in Defendant's Memorandum of Costs) - Not Held - Taken Off Calendar by Party
Minute Order ((1) Hearing on Plaintiffs' Motion for New Trial; 2) Hearing on...)); Filed by Clerk
Notice of Settlement; Filed by JACQUELINE ROSALES (Plaintiff); MARCOS ROSALES (Plaintiff)
Notice (of Plaintiffs taking Motions set on 11-19-18 off calendar); Filed by JACQUELINE ROSALES (Plaintiff); MARCOS ROSALES (Plaintiff)
Association of Attorney; Filed by MCCLAUGHERTY JAY S. ESQ. (Attorney)
at 08:30 AM in Department A; Hearing on Motion for New Trial - Not Held - Continued - Stipulation
Stipulation and Order (to Continue Hearing on Plaintiff's Motion for New Trial from October 30, 2018 to November 19, 2018. -Order signed); Filed by JACQUELINE ROSALES (Plaintiff); MARCOS ROSALES (Plaintiff)
PROOF OF SERVICE SUMMONS
SUMMONS
Summons; Filed by Clerk
Summons; Filed by Clerk
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
Application ; Filed by Plaintiff/Petitioner
Complaint; Filed by JACQUELINE ROSALES (Plaintiff); MARCOS ROSALES (Plaintiff)
PLAINTIFFS COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC
Complaint Filed
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
Case Number: BC638327 Hearing Date: January 30, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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JACQUELINE ROSALES, ET AL., Plaintiff(s), vs. EVAN ANDREW DIRECTO, ET AL., Defendant(s). |
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CASE NO: BC638327 [TENTATIVE] ORDER CONDITIONALLY GRANTING PETITION TO APPROVE MINOR’S COMPROMISE Dept. 31 1:30 p.m. January 30, 2020 |
Plaintiffs, Jacqueline, Marco, and Antonella Rosales filed this action against Defendant, Evan Andrew Directo for damages arising out of automobile accident. The case went to trial, and Plaintiffs moved for a new trial after the jury verdict was entered. Prior to the hearing on the motion for new trial, the parties agreed to settle the case.
Antonella is a minor and is appearing in the action through her father and GAL, Marco. Antonella, by and through her GAL and attorney of record, has agreed to settle all claims in the case. Directo would pay $11,000 in settlement of her claims, and Jacqueline’s underinsured motorists’ policy would pay $12,500. If the settlement is approved, Petitioner will use $1800 to pay outstanding medical expenses, $5875 for attorneys’ fees, and $1020.62 for costs of suit; the net balance of $14,804.38 will be placed in a blocked account.
The Court has reviewed the settlement and finds that it is fair and reasonable. Counsel failed to file the required declaration in support of fees, which is required to be included as Attachment 14a to the petition. However, because the fees are in the amount of 25% of the gross settlement, the Court is inclined to find them fair and reasonable; this is especially true because the case went to trial and was settled after trial.
Pursuant to CRC 7.952, unless excused for good cause, Plaintiff and Petitioner must appear and testify to the satisfaction of the Court before the Court can approve the settlement. Plaintiff is thirteen years old, and therefore the Court will require her to personally appear and testify, along with Petitioner, prior to granting the petition. If the Court is satisfied with Plaintiff’s and Petitioner’s testimony at the time of the hearing, the Court will grant the petition.
Petitioner is ordered to give notice.
Dated this 30th day of January, 2020
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Hon. Jon Takasugi Judge of the Superior Court |