JACQUELINE ROSALES ET AL VS. EVAN ANDREW DIRECTO
Case Summary
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 Judges overseeing this case are LAURA C. ELLISON, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Pending - Other Pending.
Case Details
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Case Number:
****8327
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Filing Date:
10/24/2016
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Case Status:
Pending - Other Pending
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Courthouse:
Torrance Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
LAURA C. ELLISON
HOLLY E. KENDIG
THOMAS D. LONG
Party Details
Plaintiffs, Petitioners and Guardian Ad Litems
ROSALES MARCO
ROSALES JACQUELINE
ROSALES MARCOS
Defendants and Respondents
DIRECTO EVAN ANDREW
DOES 1 THROUGH 50
Minors
ROSALES ANTONELLA
ANTONELLA ROSALES
Attorney/Law Firm Details
Plaintiff, Petitioner and Minor Attorneys
SCHECHTER BRUCE LEE ESQ.
SCHECHTER BRUCE LEE
Defendant Attorneys
LAW FIRM OF MCCLAUGHERTY & ASSOCIATES
VIDA SCOTT JAY
DEENA C. FARAH
MCCLAUGHERTY JAY S. ESQ.
ESQ. MCCLAUGHERTY JAY S.
MCCLAUGHERTY JAY STEPHEN ESQ.
Court Documents
9/10/2019: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)
10/7/2019: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)
10/24/2019: Minute Order - MINUTE ORDER (LEGACY EVENT TYPE : OSC RE DISMISSAL)
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)
6/13/2018: Notice - Plaintiff's Notice of Motion Off Calendar
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 - ISO MIL 1
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 - MINUTE ORDER ENTERED: 2018-08-28 00:00:00
9/6/2018: Minute Order - MINUTE ORDER ENTERED: 2018-09-06 00:00:00
9/14/2018: Other - - Matrix of video designations
11/19/2018: Minute Order - Minute Order (1) Hearing on Plaintiffs' Motion for New Trial; 2) Hearing on...)
Docket Entries
- 07/22/2020
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Hearing07/22/2020 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)
- 04/17/2020
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Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Settlement) (and Proof of Deposit to Blocked Account (Form MC-356)) - Not Held - Continued - Court's Motion
- 04/16/2020
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DocketCertificate of Mailing for ([Notice of Continuance Due to COVID-19 State of Emergency Declarations]); Filed by Clerk
- 04/15/2020
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DocketNotice of Continuance Due to COVID-19 State of Emergency Declarations; Filed by Clerk
- 02/06/2020
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Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Failure to Prosecute) - Not Held - Vacated by Court
- 01/30/2020
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Docketat 1:30 PM in Department 31, Thomas D. Long, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held
- 01/30/2020
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DocketMinute Order ( (Hearing on Petition to Confirm Minor's Compromise)); Filed by Clerk
- 01/30/2020
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DocketOrder (Order to deposit in blocked account); Filed by Marco Rosales (Plaintiff); Antonella Rosales (Plaintiff)
- 01/30/2020
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DocketOrder (Order to Deposit Money into Blocked Account); Filed by Marco Rosales (Plaintiff); ROSALES ANTONELLA (Legacy Party)
- 01/30/2020
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DocketOrder (Order Approving Minor's Compromise); Filed by Marco Rosales (Plaintiff); ROSALES ANTONELLA (Legacy Party)
- 12/16/2016
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DocketProof of Service (not Summons and Complaint); Filed by Antonella Rosales (Plaintiff)
- 11/02/2016
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DocketSummons; Filed by Clerk
- 11/02/2016
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DocketSummons; Filed by Clerk
- 11/02/2016
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DocketSUMMONS
- 10/31/2016
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DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
- 10/24/2016
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DocketComplaint; Filed by Jacqueline Rosales (Plaintiff); MARCOS ROSALES (Plaintiff)
- 10/24/2016
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DocketPLAINTIFFS COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC
- 10/24/2016
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DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
- 10/24/2016
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DocketComplaint Filed
- 10/24/2016
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DocketApplication ; Filed by Plaintiff/Petitioner
Tentative Rulings
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 |
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