This case was last updated from Los Angeles County Superior Courts on 06/29/2019 at 00:10:51 (UTC).

JOSE LUISE RIVERA VS LOUISE J FELIX

Case Summary

On 04/30/2015 JOSE LUISE RIVERA filed a Personal Injury - Other Personal Injury lawsuit against LOUISE J FELIX. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM and CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0317

  • Filing Date:

    04/30/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOWARD L. HALM

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

RIVERA JOSE LUIS

Defendants and Respondents

DOES 1-10

FELIX LOUISE

Defendant and Cross Plaintiff

FELIX LOUISE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HAILU MICHAEL ESQ.

GEBRIEL GIRMA HAILE

HAILU MICHAEL

Defendant and Cross Plaintiff Attorney

HALAS & MUHAR

Other Attorneys

MOTOOKA MARJORIE EMIKO

O'CONNOR EDWARD RICHARD

KIRK TERRY

 

Court Documents

DEFENDANT'S TRIAL BRIEF

1/4/2018: DEFENDANT'S TRIAL BRIEF

EX PARTE APPLICATION FOR AN ORDER TO ADVANCE THE HEARING DATE OF PLAINTIFF'S MOTION TO CONSOLIDATE AND SHORTEN TIME OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE;

2/16/2018: EX PARTE APPLICATION FOR AN ORDER TO ADVANCE THE HEARING DATE OF PLAINTIFF'S MOTION TO CONSOLIDATE AND SHORTEN TIME OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE;

Minute Order

2/16/2018: Minute Order

Minute Order

2/21/2018: Minute Order

NOTICE OF OSC RE DISMISSAL

2/28/2018: NOTICE OF OSC RE DISMISSAL

NOTICE OF SETTLEMENT; APPLICATJON FOR DETERMINATION OF GOOD FAITH SERELEMENT;

4/26/2018: NOTICE OF SETTLEMENT; APPLICATJON FOR DETERMINATION OF GOOD FAITH SERELEMENT;

ORDER

6/4/2018: ORDER

Minute Order

2/21/2019: Minute Order

ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY

9/18/2015: ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY

Minute Order

10/2/2015: Minute Order

NOTICE OF COURT ORDER

10/20/2015: NOTICE OF COURT ORDER

ORDER RE: MO?1%J OF DEFENDANT, LOUISE J. FELIX, TO CONSOLIDATE ACTIONS

1/5/2016: ORDER RE: MO?1%J OF DEFENDANT, LOUISE J. FELIX, TO CONSOLIDATE ACTIONS

CIVIL DEPOSIT

7/15/2016: CIVIL DEPOSIT

NOTICE OF ASSOCIATION OF COUNSEL

8/3/2016: NOTICE OF ASSOCIATION OF COUNSEL

Minute Order

4/4/2017: Minute Order

NOTICE OF ASSOCIATION OF COUNSEL

8/4/2017: NOTICE OF ASSOCIATION OF COUNSEL

ORDER

9/29/2017: ORDER

PROPOSED MOTION IN LIMINE NO.1: REQUEST FOR AN ORDER TO LIMIT PLAINTIFFS? RECOVERY OF MEDICAL SPECIALS TO REASONABLE AMOUNTS UNDER HOWELL; MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER

10/2/2017: PROPOSED MOTION IN LIMINE NO.1: REQUEST FOR AN ORDER TO LIMIT PLAINTIFFS? RECOVERY OF MEDICAL SPECIALS TO REASONABLE AMOUNTS UNDER HOWELL; MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER

62 More Documents Available

 

Docket Entries

  • 06/17/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Party's Motion

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  • 06/17/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 06/13/2019
  • Notice of Change of Firm Name; Filed by Louise Felix (Legacy Party)

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  • 06/13/2019
  • Notice of Ruling; Filed by Louise Felix (Legacy Party)

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  • 06/12/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion - Other (Interplead Settlement Funds) - Held - Continued

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  • 06/12/2019
  • Minute Order ( (Defendant Louise J. Felix's Motion to Interplead the Funds)); Filed by Clerk

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  • 03/27/2019
  • Motion re: (Interpleading Funds and Dismissing This Matter Against Defendant); Filed by Louise Felix (Legacy Party)

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  • 02/21/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Held - Continued

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  • 02/21/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Held - Continued

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  • 02/21/2019
  • Certificate of Mailing for (Minute Order (Order to Show Cause Re: Dismissal After Settlement) of 02/21/2019); Filed by Clerk

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142 More Docket Entries
  • 09/18/2015
  • Receipt; Filed by Louise Felix (Legacy Party)

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  • 09/18/2015
  • NOTICE OF RELATED CASES

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  • 09/18/2015
  • Answer; Filed by Louise Felix (Legacy Party)

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  • 09/18/2015
  • SUMMONS CROSS-COMPLAINT

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  • 09/18/2015
  • CROSS-COMPLAINT FOR TOTAL INDEMNITY, IMPLIED PARTIAL INDEMNITY, ETC

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  • 09/18/2015
  • Cross-Complaint; Filed by Louise Felix (Legacy Party)

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  • 04/30/2015
  • Complaint; Filed by Jose Luis Rivera (Plaintiff)

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  • 04/30/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 04/30/2015
  • ORDER ON COURT FEE WAIVER

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  • 04/30/2015
  • SUMMONS

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Tentative Rulings

Case Number: BC580317    Hearing Date: December 02, 2019    Dept: 4A

Petition to Approve Minor’s Compromise of Pending Action

Having considered the moving papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

In BC590317, on April 30, 2015, Plaintiff Jose Luise Rivera filed a complaint against Defendant Louise J. Felix (“Defendant”) alleging negligence and premises liability for an electrocution that occurred on May 15, 2013 while Plaintiff Rivera was attempting to rescue a child who was being electrocuted.

In BC589142, on July 24, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013.

In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants.

In BC580317, on September 18, 2015, Defendant Felix filed a cross-complaint against Roes 1-20 seeking express and implied indemnity, declaratory relief, and apportionment.

On January 5, 2016, the Court consolidated BC589142 with BC580317, ordering BC580317 as the lead case.

On June 4, 2018, the Court issued an order declaring a settlement entered between Defendant Felix and Plaintiff M.B. to be made in good faith.

On February 21, 2019, the Court noted that the matter is not ready to be dismissed because the settlement on behalf of the minor has not yet been approved by the Court. Counsel for the Plaintiff informed the Court that a petition to approve the minor’s compromise will be submitted shortly. As a result, the Court continued the OSC re dismissal to June 17, 2019. In the meantime, however, Plaintiff has failed to file a petition seeking approval of the minor’s compromise.

On June 12, 2019, the Court ordered Plaintiff M.B.’s counsel to file a petition for minor’s compromise for Plaintiff M.B. regarding the settlement agreement entered into with Defendant Felix within 30 days of the order.

On August 12, 2019, the Court noted that Plaintiff M.B. had failed to file a petition for minor’s compromise that the court had ordered on June 12, 2019 be filed with the Court.  The Court then ordered to file a petition within 30 days of the order and continued the hearing on the petition to October 24, 2019.

On September 24, 2019, Petitioner Elsa Magali Varela filed an expedited petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa. 

On October 24, 2019, the Court continued the hearing on the expedited petition to October 31, 2019.  The Court ordered Petitioner Varela to file and serve a copy of the notice and proof of delivery of a notice of the claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14125.73 by October 29, 2019.

On October 31, 2019, the Court continued the hearing on the expedited petition to December 2, 2019.  The Court ordered Petitioner Varela 

Trial is not set in this matter.

PARTY’S REQUESTS

Plaintiff Elsa Magali Varela (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

On October 24, 2019, the Court continued the hearing on the petition to confirm minor’s compromise to October 31, 2019.  The Court noted that Petitioner failed to attach or file a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14125.73. y no later than by close of business on October 29, 2019. 

On October 29, 2019, Petitioner filed and served a copy of the notice and proof of delivery of a notice of this claim or action to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73.  The October 24, 2019 service on the state department did not provide adequate notice for it to have an opportunity to ensure its interests were represented pursuant to section 14124.73.  As such, the Court continued the hearing on the petition to December 2, 2019.  The Court finds adequate notice has been provided pursuant to the Welfare and Institutions Code and now addresses the merits of the petition.

The Court finds the petition is properly approved.  The petition is properly filled out and all required attachments are included with the petition.  Defendant Felix is to pay Claimant $6,656 for an electrocution, puncture to the right thigh, mental anguish, and sleeping problems caused when Plaintiff was electrocuted when trying to retrieve a ball.  Claimant has recovered completely.  $1,783.34 of the gross settlement is to be paid for medical liens.  Those medical liens consist of $120 to Industrial Health Care, $80 to Oceanview Medical & Surgical, $100 to California Stress Control, and $1,483.34 to the Department of Health Care Services.  $780 are to be paid to Petitioner’s counsel for costs.  $1,664, or 25% of the settlement, is to be paid to Petitioner’s counsel.  This amount of attorney’s fees is justified by the work detailed in Petitioner’s counsel’s declaration attached as Attachment 15(a).

The remaining net settlement of $2,428.66 is to be paid to Claimant’s parent, Elsa Magaly Varela at 10424 S. Gramercy Place, Los Angeles, California 90047.  The net settlement is to be paid upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.

The petition is therefore APPROVED.

The Court shall approve the proposed order approving this petition concurrently filed with the petition on September 24, 2019.

Petitioner is ordered to give notice of this ruling.

Case Number: BC580317    Hearing Date: October 31, 2019    Dept: 4A

Petition to Approve Minor’s Compromise of Pending Action

Having considered the moving papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

In BC590317, on April 30, 2015, Plaintiff Jose Luise Rivera filed a complaint against Defendant Louise J. Felix (“Defendant”) alleging negligence and premises liability for an electrocution that occurred on May 15, 2013 while Plaintiff Rivera was attempting to rescue a child who was being electrocuted.

In BC589142, on July 24, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013.

In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants.

In BC580317, on September 18, 2015, Defendant Felix filed a cross-complaint against Roes 1-20 seeking express and implied indemnity, declaratory relief, and apportionment.

On January 5, 2016, the Court consolidated BC589142 with BC580317, ordering BC580317 as the lead case.

On June 4, 2018, the Court issued an order declaring a settlement entered between Defendant Felix and Plaintiff M.B. to be made in good faith.

On February 21, 2019, the Court noted that the matter is not ready to be dismissed because the settlement on behalf of the minor has not yet been approved by the Court. Counsel for the Plaintiff informed the Court that a petition to approve the minor’s compromise will be submitted shortly. As a result, the Court continued the OSC re dismissal to June 17, 2019. In the meantime, however, Plaintiff had failed to file a petition seeking approval of the minor’s compromise.

On June 12, 2019, the Court ordered Plaintiff to file a petition for minor’s compromise for Plaintiff M.B. regarding the settlement agreement entered into with Defendant Felix within 30 days of the order.

On August 12, 2019, the Court noted that Plaintiff M.B. had failed to file a petition for minor’s compromise that the court had ordered on June 12, 2019 be filed with the court. The Court then ordered to file a petition within 30 days of the order and continued the hearing on the petition to October 24, 2019.

On September 24, 2019, Plaintiff filed an expedited petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa. 

Trial is not set in this matter.

PARTY’S REQUESTS

Plaintiff Elsa Magali Varela (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

On October 24, 2019, the Court continued the hearing on the petition to confirm minor’s compromise to October 31, 2019.  The Court noted that Petitioner failed to attach or file a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73. y no later than by close of business on October 29, 2019. 

On October 29, 2019, Petitioner filed and served a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73. opportunity to ensure that [its] interests are represented int eh action or claim against a liable third party or carrier,” as is required under the statute.

Therefore, the hearing on the petition is CONTINUED to December 2, 2019 at 1:30 p.m. in Department 4A

Petitioner is ordered to give notice to all parties and to the State Director of Health Care Services of this ruling. 

Case Number: BC580317    Hearing Date: October 24, 2019    Dept: 4A

Expedited Petition to Approve Minor’s Compromise

Having considered the petitioning papers, the Court rules as follows. No opposing papers were filed.

BACKGROUND

In BC590317, on April 30, 2015, Plaintiff Jose Luise Rivera filed a complaint against Defendant Louise J. Felix (“Defendant”) alleging negligence and premises liability for an electricution that occurred on May 15, 2013 while Plaintiff Rivera was attempting to rescue a child who was being electrocuted.

In BC589142, on July 24, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013.

In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants.

In BC580317, on September 18, 2015, Defendant Felix filed a cross-complaint against Roes 1-20 seeking express and implied indemnity, declaratory relief, and apportionment.

On January 5, 2016, the Court consolidated BC589142 with BC580317, designating BC580317 as the lead case.

On June 4, 2018, the Court issued an order declaring a settlement entered between Defendant Felix and Plaintiff M.B. to be made in good faith.

On February 21, 2019, the Court noted that the matter is not ready to be dismissed because the settlement on behalf of the minor has not yet been approved by the Court. Counsel for the Plaintiff informed the Court that a petition to approve the minor’s compromise will be submitted shortly. As a result, the Court continued the OSC re dismissal to June 17, 2019. In the meantime, however, Plaintiff failed to file a petition seeking approval of the minor’s compromise.

On June 12, 2019, the Court ordered Plaintiff to file a petition for minor’s compromise for Plaintiff M.B. regarding the settlement agreement entered into with Defendant Felix within 30 days of the order.

On August 12, 2019, the Court noted that Plaintiff M.B. had failed to file a petition for minor’s compromise in compliance with the Court’s June 12, 2019 order. The court then ordered that a petition be filed within 30 days of the order and continued the hearing on the petition to October 24, 2019.

On September 24, 2019, Plaintiff filed an expedited petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa.

Trial is not set in this matter.

PARTY’S REQUEST

Plaintiff Elsa Magali Varela (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition. However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount.

DISCUSSION

Initially, the court notes that Petitioner did not comply with the Court’s August 12, 2019 order because Petitioner did not file the petition within 30 days of the Court’s order. The petition was filed on September 24, 2019, which is 43 days after August 12, 2019. The Court has previously noted Plaintiff’s dilatory conduct and has warned Plaintiff that the Court has authority under Moorer v. Noble L.A. Events, Inc. (2019) 32 Cal.App.5th 736, 743-744, to dismiss an action for failure to abide by multiple court orders. (Minute Order, 8/12/19.)

Nevertheless, the court considers the merits.

Petitioner has filed an expedited petition for minor’s compromise. (MC-350EX.) The requirements to file an expedited petition are listed in CRC, rule 7.950.5. Among the requirements is that such a petition may be submitted if “[t]he court does not otherwise order.” (CRC, rule 7.950.5(a)(9).) Here, the Court explicitly ordered that Plaintiff “file a petition for minor’s compromise for Plaintiff M.B. regarding the settlement agreement entered into with Defendant Felix within 30 days of this order.” (Minute Order, 8/12/19.) In the Court’s order, there was no mention of an expedited petition. Thus, the court had ordered otherwise, and therefore, Plaintiff does not meet all the requirements to file an expedited petition under rule 7.950.5(a).

In any event, even if the Court were to consider the expedited petition to be properly filed, the Court finds that there is one problem with the petition. Petitioner did not attach or file a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14125.73. (See MC-350EX ¶ 14(c)(2)(a).) Petitioner indicates the copy of notice and proof of service is filed, but a review of the case file does not show such a proof of service.

The Court CONTINUES the hearing on the petition to October 31, 2019 at 1:30 p.m. in Department 4A of Spring Street Courthouse, 312 N. Spring Street, Los Angeles, California 90012.

The Court orders Petitioner to file and serve a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14125.73, no later than by close of business on October 29, 2019

Petitioner is ordered to give notice of this ruling.