This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 15:08:26 (UTC).

JADON LEE VS SAN MARINO UNIFIED SCHOOL DISTRICT

Case Summary

On 12/21/2016 JADON LEE filed a Personal Injury - Other Personal Injury lawsuit against SAN MARINO UNIFIED SCHOOL DISTRICT. 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:

    ****4517

  • Filing Date:

    12/21/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Defendants and Respondents

DOES 1 THROUGH 100

SAN MARINO UNIFIED SCHOOL DISTRICT

LIN CHRISTINE KAO DOE 3

KAO ELLIE DOE 1

KAO ANDY DOE 2

Guardian Ad Litem and Not Classified By Court

LEE DAVID W.

Minor

LEE JADON

Attorney/Law Firm Details

Defendant Attorneys

MCCUNE DANA JOHN ESQ

MCCUNE & HARBER LLP

LAW OFFICES OF KIRK & MYERS

Minor Attorney

ALGORRI ERNEST P. ESQ.

Other Attorneys

ALGORRI ERNEST PAUL

 

Court Documents

AMENDMENT TO COMPLAINT

2/13/2018: AMENDMENT TO COMPLAINT

ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

4/9/2018: ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

DEFENDANTS ELLIE KAO, ANDY KAO AND CHRISTINE KAO LIN'S ANSWER TO PLAINTIFF JADON LEE, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM DAVID W. LEE'S UNVERIFIED COMPLAINT

4/20/2018: DEFENDANTS ELLIE KAO, ANDY KAO AND CHRISTINE KAO LIN'S ANSWER TO PLAINTIFF JADON LEE, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM DAVID W. LEE'S UNVERIFIED COMPLAINT

ORDER RE:DEFENDANTS EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES PROPOSED

7/17/2018: ORDER RE:DEFENDANTS EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES PROPOSED

JOINT EX PARTE APPLICATION TP CONTINUE TRIAL AND ALL RELATED DATES; ETC

9/13/2018: JOINT EX PARTE APPLICATION TP CONTINUE TRIAL AND ALL RELATED DATES; ETC

Minute Order

9/13/2018: Minute Order

NOTICE OF RULING RE JOINT EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

9/20/2018: NOTICE OF RULING RE JOINT EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

Declaration

1/11/2019: Declaration

Declaration

3/14/2019: Declaration

Memorandum

3/14/2019: Memorandum

Reply

3/22/2019: Reply

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

3/28/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Unknown

4/22/2019: Unknown

SUMMONS

12/21/2016: SUMMONS

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

12/21/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS ON FIRST AMENDED COMPLAINT

7/6/2017: SUMMONS ON FIRST AMENDED COMPLAINT

ANSWER BY SAN MARINO UNIFIED SCHOOL DISTRICT TO PLAINTIFF?S FIRST AMENDED COMPLAINT

7/10/2017: ANSWER BY SAN MARINO UNIFIED SCHOOL DISTRICT TO PLAINTIFF?S FIRST AMENDED COMPLAINT

DEFENDANT'S NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

12/4/2017: DEFENDANT'S NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

38 More Documents Available

 

Docket Entries

  • 05/15/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 05/01/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 04/22/2019
  • at 10:30 AM in Department 4A, Christopher K. Lui, Presiding; Ruling on Submitted Matter - Not Held - Vacated by Court

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  • 04/22/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Ruling on Submitted Matter - Held - Motion Denied

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  • 04/22/2019
  • Minute Order ( (Ruling on Submitted Matter: Defendant's Motion for Summary Ju...)); Filed by Clerk

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  • 04/22/2019
  • Certificate of Mailing for (Minute Order (Ruling on Submitted Matter: Defendant's Motion for Summary Ju...) of 04/22/2019); Filed by Clerk

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  • 04/19/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Ex Parte Application (to Continue Trial, FSC and All Pre-Trial Deadlines) - Held - Motion Granted

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  • 04/19/2019
  • Ex Parte Application (to Continue Trial, FSC and All Pre-Trial Deadlines); Filed by David W. Lee (Non-Party); Jadon Lee (Plaintiff)

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  • 04/19/2019
  • Minute Order ( (Plaintiff's Ex Parte Application to Continue Trial, FSC and A...)); Filed by Clerk

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  • 03/28/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Sanctions - Not Held - Taken Off Calendar by Party

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74 More Docket Entries
  • 01/30/2017
  • Proof-Service/Summons; Filed by David W. Lee (Non-Party); Jadon Lee (Plaintiff)

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  • 01/30/2017
  • PROOF OF SERVICE SUMMONS

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  • 01/12/2017
  • Summons Issued; Filed by Clerk

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  • 01/12/2017
  • Summons; Filed by Clerk

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  • 01/12/2017
  • SUMMONS

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  • 12/29/2016
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 12/21/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 12/21/2016
  • Complaint; Filed by null

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  • 12/21/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 12/21/2016
  • SUMMONS PLAINTIFF'S COMPLAINT FOR DAMAGES

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Tentative Rulings

Case Number: BC644517    Hearing Date: October 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 December 21, 2016, Plaintiff Jadon Lee filed a complaint against Defendant San Marino Unified School District for damages resulting from a failure to supervise on December 4, 2015.

On June 22, 2017, Plaintiff Jadon Lee filed an amendment to his complaint to rename Doe 1 as Defendant Ellie Kao.

On July 6, 2017, Plaintiff Jadon Lee filed a first amended complaint.

On February 13, 2018, Plaintiff Jadon Lee filed amendments to his first amended complaint to rename Doe 2 as Defendant Andy Kao and Doe 3 as Defendant Christine Kao Lin.

On December 28, 2018, the Court dismissed the first amended complaint against Defendants Ellie Kao, Andy Kao, and Christine Kao Lin with prejudice.

On June 4, 2020, Petitioner David Lee filed a petition to approve a minor’s compromise of pending action on behalf of Claimant Jadon Lee.

On June 8, 2020, the Court scheduled the petition to approve a minor’s compromise to be heard on October 20, 2020.

An Order to Show Cause Re: Dismissal (Settlement) is scheduled for December 31, 2020.

PARTY’S REQUESTS

Petitioner David Lee (“Petitioner”) asks the Court to approve a compromise of pending action for Claimant Jadon Lee (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are typically required to attend the hearing on the petition.

DISCUSSION

The Court finds the petition is properly approved.  Petitioner has filed all required attachments and has included all required information in the petition.  Claimant is to receive a $75,000.00 gross settlement from Defendant San Marino Unified School District.  This is a reasonable settlement considering Claimant has recovered completely from his fall, which caused an intracerebral hematoma in the left anterior lower parietal lobe of his brain.

$6,014.24 of Claimant’s gross settlement is to be allocated for medical expenses, $927.36 of which were paid by and is to be reimbursed to Petitioner.  The remaining $6,014.24 of the medical expenses allocation is to be paid to Claimant’s insurance company, Blue Cross and Blue Shield of Alabama.

$30,000.00 of Claimant’s gross settlement, or 40% of the gross settlement, is to be paid in attorney’s fees.  The Court finds this increased rate to be reasonable.  Petitioner’s counsel has spent over 180 hours litigating this action.  (Tan Decl., ¶ 18.)  Multiple motions, including a motion for summary judgment, were argued before the Court.  (Tan Decl., ¶¶ 22-23.)  A considerable amount of written discovery was propounded and responded to.  (Tan Decl., ¶¶ 24-32.)  Multiple depositions were taken.  (Tan Decl., ¶¶ 33-38.)  This action was mediated.  (Tan Decl., ¶¶ 40-41.)  And one expert was retained.  (Tan Decl., 43.)  In sum, this action demanded a substantial amount of attention and work.  Thus, the $30,000.00 requested sum in attorney’s fees is reasonable and to be reduced from Claimant’s gross settlement.

$17,549.08 of Claimant’s gross settlement is to be paid for costs.  These costs are adequately explained.

The remaining net settlement of $20,509.32 is to be invested in a single-premium deferred annuity subject to withdrawal only upon authorization of the Court.  The terms of this annuity are specified in Attachment 19b(3).

CONCLUSION

The petition is APPROVED.

Petitioner is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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