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.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DOES 1 THROUGH 100
SAN MARINO UNIFIED SCHOOL DISTRICT
LIN CHRISTINE KAO DOE 3
KAO ELLIE DOE 1
KAO ANDY DOE 2
LEE DAVID W.
MCCUNE DANA JOHN ESQ
MCCUNE & HARBER LLP
LAW OFFICES OF KIRK & MYERS
ALGORRI ERNEST P. ESQ.
ALGORRI ERNEST PAUL
2/13/2018: AMENDMENT TO COMPLAINT
4/9/2018: ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
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
7/17/2018: ORDER RE:DEFENDANTS EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES PROPOSED
9/13/2018: JOINT EX PARTE APPLICATION TP CONTINUE TRIAL AND ALL RELATED DATES; ETC
9/13/2018: Minute Order
9/20/2018: NOTICE OF RULING RE JOINT EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES
3/28/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
12/21/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL
7/6/2017: SUMMONS ON FIRST AMENDED COMPLAINT
7/10/2017: ANSWER BY SAN MARINO UNIFIED SCHOOL DISTRICT TO PLAINTIFF?S FIRST AMENDED COMPLAINT
12/4/2017: DEFENDANT'S NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by CourtRead MoreRead Less
at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by CourtRead MoreRead Less
at 10:30 AM in Department 4A, Christopher K. Lui, Presiding; Ruling on Submitted Matter - Not Held - Vacated by CourtRead MoreRead Less
at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Ruling on Submitted Matter - Held - Motion DeniedRead MoreRead Less
Minute Order ( (Ruling on Submitted Matter: Defendant's Motion for Summary Ju...)); Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Ruling on Submitted Matter: Defendant's Motion for Summary Ju...) of 04/22/2019); Filed by ClerkRead MoreRead Less
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 GrantedRead MoreRead Less
Ex Parte Application (to Continue Trial, FSC and All Pre-Trial Deadlines); Filed by David W. Lee (Non-Party); Jadon Lee (Plaintiff)Read MoreRead Less
Minute Order ( (Plaintiff's Ex Parte Application to Continue Trial, FSC and A...)); Filed by ClerkRead MoreRead Less
at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Sanctions - Not Held - Taken Off Calendar by PartyRead MoreRead Less
Proof-Service/Summons; Filed by David W. Lee (Non-Party); Jadon Lee (Plaintiff)Read MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Summons Issued; Filed by ClerkRead MoreRead Less
Summons; Filed by ClerkRead MoreRead Less
SUMMONSRead MoreRead Less
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/PetitionerRead MoreRead Less
Application ; Filed by Plaintiff/PetitionerRead MoreRead Less
Complaint; Filed by nullRead MoreRead Less
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVILRead MoreRead Less
SUMMONS PLAINTIFF'S COMPLAINT FOR DAMAGESRead MoreRead Less
Case Number: BC644517 Hearing Date: October 20, 2020 Dept: 28
Petition to Approve Minor’s Compromise
Having considered the petitioning papers, the Court rules as follows. No opposing papers were filed.
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.
Petitioner David Lee (“Petitioner”) asks the Court to approve a compromise of pending action for Claimant Jadon Lee (“Claimant”).
Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are typically required to attend the hearing on the petition.
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).
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.
Get Deeper Insights on Court Cases