On 10/13/2016 JANE DOE filed a Personal Injury - Other Personal Injury lawsuit against ROBERT DEAN LEE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are AMY D. HOGUE, DEIRDRE HILL and MICHELLE WILLIAMS COURT. The case status is Pending - Other Pending.
****7135
10/13/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
AMY D. HOGUE
DEIRDRE HILL
MICHELLE WILLIAMS COURT
DOE JANE
LEE GLORIA D.
LEE ROBERT DEAN
DOES 1-30
T.B.
PACHULSKI STANG ZIEHL & JONES
MONES PAUL ESQ.
PAUL MONES ESQ.
SAFARIAN HARRY A. ESQ.
STRAUSS LAWRENCE S.
STRAUSS LAWRENCE S. ESQ.
NOH JONATHAN D.
10/17/2016: Minute Order
4/18/2017: Unknown
5/8/2017: Challenge To Judicial Officer - Peremptory (C.C.P., ? 170.6)
7/10/2017: Case Management Statement
8/18/2017: Unknown
3/7/2018: Notice of Ruling
8/14/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice
8/20/2018: Proof of Service
10/10/2018: Order
10/10/2018: Ex Parte Application
10/10/2018: Minute Order
10/13/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM -CIVIL EX PARTE
10/17/2016: SPECIALLY APPEARING NAMED DEFENDANT GLORIA D. LEE'S OPPOSITION TO EX PARTE APPLICATION FOR TRO AND ETC.
10/19/2016: NOTICE REGARDING DENIAL OF TEMPORARY RESTRAINING ORDER
10/24/2016: NOTICE OF REJECTION-APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
11/18/2016: FIRST AMENDED SUMMONS
2/28/2017: SECOND AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF: 1. BATTERY; 2. ASSAULT; 3. SEXUAL BATTERY; 4. FALSE IMPRISONMENT; 5. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 6. NEGLIGENCE; 7. NEGLIGE
4/18/2017: ORDER TRANSFERRING PERSONAL INJURY (P1) CASE TO INDEPENDENT CALENDAR (IC) COURT
at 10:00 AM in Department B, Deirdre Hill, Presiding; Jury Trial - Not Held - Advanced and Vacated
Notice of Ruling; Filed by Gloria D. Lee (Defendant)
at 08:30 AM in Department B, Deirdre Hill, Presiding; Final Status Conference - Held
Minute Order ( (Final Status Conference)); Filed by Clerk
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk
at 10:00 AM in Department B, Deirdre Hill, Presiding; Jury Trial - Not Held - Continued - Party's Motion
at 08:30 AM in Department B, Deirdre Hill, Presiding; Final Status Conference - Not Held - Continued - Party's Motion
at 08:30 AM in Department B, Deirdre Hill, Presiding; Ex-Parte Proceedings
Order (re: Ex Parte Application to Continue Trial); Filed by T.B. (Legacy Party); Jane Doe (Plaintiff); Gloria D. Lee (Defendant)
Minute Order ((JOINT EX PARTE APPLICATION FOR ORDER CONTINUING TRIAL;)); Filed by Clerk
NOTICE AND PROOF OF SERVICE OF NOTICE OF PENDENCY OF ACTION
DECLARATION OF PAUL MONES IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND ETC.
Minute order entered: 2016-10-17 00:00:00; Filed by Clerk
Ex-Parte Application; Filed by Plaintiff/Petitioner
Complaint; Filed by Jane Doe (Plaintiff)
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM -CIVIL EX PARTE
Complaint
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF: 1. BATTERY; ETC
Application ; Filed by Plaintiff/Petitioner
Application-Miscellaneous (FOR JANE DOE GUARDIAN AD LITEM(COPY) ); Filed by Attorney for Pltf/Petnr
Case Number: BC637135 Hearing Date: March 03, 2020 Dept: SWB
Superior Court
of Southwest District Torrance Dept. B |
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JANE DOE, |
Plaintiff, |
Case No.: |
BC637135 |
vs. |
[Tentative] RULING |
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ROBERT DEAN LEE, et al., |
Defendants. |
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Hearing Date: March 3, 2020
Moving Parties: Petitioner Tiphanie Babinet
Responding Party: None
Petition to Approve Compromise of Pending Action of Minor
The court considered the moving papers.
RULING
The court is inclined to grant petitioner’s Petition to Approve Compromise of Pending Action on behalf of minor claimant Jane Doe
Pursuant to California Rules of Court, Rule 7.952(a), petitioner and minor claimant are required to attend the hearing on the petition but the court finds good cause to dispense with the appearance of the minor based on her age and the circumstances.
BACKGROUND
On October 13, 2016, plaintiff Jane Doe, a minor by and through her guardian ad litem, T.B., filed a complaint against Robert Dean Lee and Gloria D. Lee for (1) battery, (2) assault, (3) sexual battery, (4) IIED, (5) negligence, (6) negligent supervision, (7) intentional fraud, and (8) constructive fraud.
Plaintiff alleges that she was eight years old when she was sexually abused by defendant and relative Robert Dean Lee from July 25, 2014 to July 28, 2014, in his home in Manhattan Beach and in his automobile. At the time of the abuse, R. Lee was 79 years old. He was convicted on March 2, 2016 for forced oral copulation of a child ten years or under, four counts of lewd acts with a child, and one count of possession of child pornography. He is serving 27 years to life. Defendant Gloria Lee married R. Lee in 1962 and was his wife at the time R. Lee sexually abused Jane Doe.
Plaintiff further alleges that she revealed the sexual abuse to her mother T.B. and her family in early August 2014. R. Lee was arrested on October 7, 2014. On October 14, 2014, G. Lee filed a petition for dissolution of marriage. On December 5, 2015, the court entered a consensual judgment in the uncontested divorce proceeding. In the judgment, R. Lee transferred substantially off of the community property to G. Lee, including the real property located at 457 28th Street, Manhattan Beach, the adjoining real property at 461 28th Street, the 1990 Ford Aerostar, and funds, assets, and securities in several accounts. On February 29, 2016, defendants executed interspousal deeds for the real properties and conveyed them to G. Lee as her sole and separate property. On the date of the judgment, the real property had a fair market value of $4 million. G. Lee resides at 461 28th Street.
On November 7, 2016, plaintiff filed a FAC.
On December 28, 2017, plaintiff filed a SAC adding causes of action for violations of Uniform Voidable Transactions Act.
DISCUSSION
The court has reviewed the petition and finds the settlement terms to be fair and reasonable. The agreement provides for defendant G. Lee to convey all of her assets to plaintiff upon G. Lee’s death. It allows G. Lee to continue residing in her home and receiving the rent from the adjoining single-family residence. G. Lee’s will provides that plaintiff is her sole heir. As to the trust, G. Lee is the beneficiary and upon her death, plaintiff is the sole beneficiary. As to the two grant deeds, G. Lee conveys the real property to the trust, and the grant deeds will be recorded after the court’s approval of the minor’s compromise. Each of the properties is appraised at $1.8 million. The assignment conveys all of G. Lee’s personal property to the trust. See Exh. 11.
Plaintiff’s attorneys incurred costs of $54,805.80. Plaintiff’s attorneys seek fees in the amount of 33 1/3% from the total amount of monies placed into trust after the sale of the real property plus any residuals placed into trust from other remaining sources including bank accounts and other financial instruments.
The court will retain jurisdiction until such time as all terms and conditions of the settlement are met and to approve the transfer of settlement proceeds into a blocked account.
The court is inclined to grant the petition.