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.
****0317
04/30/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
HOWARD L. HALM
CHRISTOPHER K. LUI
RIVERA JOSE LUIS
DOES 1-10
FELIX LOUISE
FELIX LOUISE
HAILU MICHAEL ESQ.
GEBRIEL GIRMA HAILE
HAILU MICHAEL
HALAS & MUHAR
MOTOOKA MARJORIE EMIKO
O'CONNOR EDWARD RICHARD
KIRK TERRY
1/4/2018: DEFENDANT'S TRIAL BRIEF
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;
2/16/2018: Minute Order
2/21/2018: Minute Order
2/28/2018: NOTICE OF OSC RE DISMISSAL
4/26/2018: NOTICE OF SETTLEMENT; APPLICATJON FOR DETERMINATION OF GOOD FAITH SERELEMENT;
6/4/2018: ORDER
2/21/2019: Minute Order
9/18/2015: ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
10/2/2015: Minute Order
10/20/2015: NOTICE OF COURT ORDER
1/5/2016: ORDER RE: MO?1%J OF DEFENDANT, LOUISE J. FELIX, TO CONSOLIDATE ACTIONS
7/15/2016: CIVIL DEPOSIT
8/3/2016: NOTICE OF ASSOCIATION OF COUNSEL
4/4/2017: Minute Order
8/4/2017: NOTICE OF ASSOCIATION OF COUNSEL
9/29/2017: 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
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Party's Motion
Minute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk
Notice of Change of Firm Name; Filed by Louise Felix (Legacy Party)
Notice of Ruling; Filed by Louise Felix (Legacy Party)
at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion - Other (Interplead Settlement Funds) - Held - Continued
Minute Order ( (Defendant Louise J. Felix's Motion to Interplead the Funds)); Filed by Clerk
Motion re: (Interpleading Funds and Dismissing This Matter Against Defendant); Filed by Louise Felix (Legacy Party)
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Held - Continued
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Held - Continued
Certificate of Mailing for (Minute Order (Order to Show Cause Re: Dismissal After Settlement) of 02/21/2019); Filed by Clerk
Receipt; Filed by Louise Felix (Legacy Party)
NOTICE OF RELATED CASES
Answer; Filed by Louise Felix (Legacy Party)
SUMMONS CROSS-COMPLAINT
CROSS-COMPLAINT FOR TOTAL INDEMNITY, IMPLIED PARTIAL INDEMNITY, ETC
Cross-Complaint; Filed by Louise Felix (Legacy Party)
Complaint; Filed by Jose Luis Rivera (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
ORDER ON COURT FEE WAIVER
SUMMONS
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.