This case was last updated from Los Angeles County Superior Courts on 09/03/2020 at 16:06:52 (UTC).

MARTINEZ VS AMUSEMENT SIX APARTMENTS,LLC

Case Summary

On 07/03/2014 MARTINEZ filed a Personal Injury - Other Personal Injury lawsuit against AMUSEMENT SIX APARTMENTS,LLC. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL J. RAPHAEL, DAVID SOTELO, STUART M. RICE, ROBERT B. BROADBELT, MICHELE E. FLURER and DEBRE K. WEINTRAUB. The case status is Other - Transferred.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0509

  • Filing Date:

    07/03/2014

  • Case Status:

    Other - Transferred

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL J. RAPHAEL

DAVID SOTELO

STUART M. RICE

ROBERT B. BROADBELT

MICHELE E. FLURER

DEBRE K. WEINTRAUB

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

MARTINEZ LILLIANA

LILLIANA MARTINEZ

Defendants and Respondents

AMUSEMENT SIX APARTMENTS LLC

DOES 1 TO 20

DOES 1-20

Minors

MARAVILLA JORGE

MARAVILLA JORGE RUBEN

MARAVILLA JUANITA ISABEL

JORGE RUBEN MARAVILLA

JUANITA ISABEL MARAVILLA

JORGE MARAVILLA

Not Classified By Court

MILLER KYLE

TEST PARTY FOR TRUST CONVERSION

AMUSEMENT SIX APARTMENTS

L.A. DEPOSITIONS INC.

SOTO JINA KAYE

AMUSEMENT SIX APARTMENS LLC

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

VIRAG BRIAN J. ESQ.

BRIAN J. VIRAG

VIRAG BRIAN JEFFREY ESQ.

Defendant and Respondent Attorneys

MARIO MOORE

ANAND HARVINDER S. ESQ.

HOFSAESS JOHN W ESQ.

MOORE MARIO

JOHN W. HOFSAESS

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION INFORMING THE COURT OF PLAIN...)

11/18/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION INFORMING THE COURT OF PLAIN...)

Legacy Document - LEGACY DOCUMENT TYPE: FIRST AMENDED COMPLAINT

3/1/2016: Legacy Document - LEGACY DOCUMENT TYPE: FIRST AMENDED COMPLAINT

Legacy Document - LEGACY DOCUMENT TYPE: REPLY

9/18/2017: Legacy Document - LEGACY DOCUMENT TYPE: REPLY

TRIAL BRIEF IN SUPPORT OF MOTION TO QUASH SUBPOENA OF DR. ABDOLRASOOL EBRAHIMI (CHILDRFNS HOSPITAL ETC..); ETC.

3/14/2018: TRIAL BRIEF IN SUPPORT OF MOTION TO QUASH SUBPOENA OF DR. ABDOLRASOOL EBRAHIMI (CHILDRFNS HOSPITAL ETC..); ETC.

CIVIL DEPOSIT -

3/19/2018: CIVIL DEPOSIT -

Minute Order -

3/19/2018: Minute Order -

NOTICE OF AMENDMENT TO WITNESS LIST; ETC.

3/19/2018: NOTICE OF AMENDMENT TO WITNESS LIST; ETC.

CIVIL DEPOSIT -

3/21/2018: CIVIL DEPOSIT -

Minute Order -

3/28/2018: Minute Order -

CIVIL DEPOSIT -

3/29/2018: CIVIL DEPOSIT -

JURY REQUEST OR QUESTION

4/2/2018: JURY REQUEST OR QUESTION

Minute Order -

5/2/2018: Minute Order -

Minute Order -

5/8/2018: Minute Order -

Minute Order -

5/29/2018: Minute Order -

STATEMENT OF REASONS FOR GRANTING NEW TRIAL MOTIONS ON CERTAIN ISSUES

6/4/2018: STATEMENT OF REASONS FOR GRANTING NEW TRIAL MOTIONS ON CERTAIN ISSUES

AMENDED STATEMENT OF REASONS FOR GRANTING NEW TRIAL MOTIONS ON CERTAIN ISSUES

6/5/2018: AMENDED STATEMENT OF REASONS FOR GRANTING NEW TRIAL MOTIONS ON CERTAIN ISSUES

PLAINTIFFS ACCEPTANCE OF REMITITUR

6/8/2018: PLAINTIFFS ACCEPTANCE OF REMITITUR

Legacy Document - LEGACY DOCUMENT TYPE: Ntc to Reptr/Mon to Prep Transcrpt

9/13/2018: Legacy Document - LEGACY DOCUMENT TYPE: Ntc to Reptr/Mon to Prep Transcrpt

184 More Documents Available

 

Docket Entries

  • 06/18/2020
  • Docketat 08:30 AM in Department 37; Hearing on Petition to Confirm Minor's Compromise - Not Held - Advanced and Continued - by Court

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  • 03/19/2020
  • DocketAppeal - Remittitur - Appeal Dismissed (B291087); Filed by Clerk

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  • 01/15/2020
  • DocketReceipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by Lilliana Martinez (Plaintiff)

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  • 01/15/2020
  • DocketReceipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by Lilliana Martinez (Plaintiff)

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  • 01/13/2020
  • DocketAppellate Order Dismissing Appeal (NOA:06/29/18 B291087); Filed by Clerk

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  • 11/19/2019
  • DocketOrder to Deposit (Money Into Blocked Account); Filed by Lilliana Martinez (Plaintiff)

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  • 11/19/2019
  • DocketOrder (Proposed Order Approving Disposition of proceeds of Judgment for Minor); Filed by Lilliana Martinez (Plaintiff)

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  • 11/18/2019
  • Docketat 08:30 AM in Department 37; Hearing on Ex Parte Application ( Informing the Court of Plaintiff's Notice of Errata) - Held

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  • 11/18/2019
  • DocketEx Parte Application (Ex Parte Application Informing the Court of Plaintiff's Notice of Errata); Filed by Lilliana Martinez (Plaintiff)

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  • 11/18/2019
  • DocketMinute Order ((Hearing on Ex Parte Application Informing the Court of Plain...)); Filed by Clerk

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478 More Docket Entries
  • 11/12/2014
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 11/12/2014
  • DocketApplication ; Filed by Plaintiff

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  • 11/12/2014
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 11/12/2014
  • DocketApplication ; Filed by JORGE MARAVILLA (Legacy Party)

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  • 11/12/2014
  • DocketApplication - misc (AND ORDER FOR APPOINTMENT OF GUARDINA AD LITEM **LILLIANA MARTINEZ IS HEREBY APPOINTED AS GUARDIAN AD LITEM FOR JUANITA ISABEL MARAVILLE ); Filed by Attorney for Plaintiff

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  • 11/12/2014
  • DocketApplication - misc (AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM **GRANTED** LILLIANA MARTINEZ IS HEREBY APPOINTED AS THE GUARDIAN FOR JORGE RUBEN MANVILLA); Filed by Attorney for Plaintiff

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  • 11/12/2014
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 07/03/2014
  • DocketCOMPLAINT FOR DAMAGES: 1. BRSRH OF WARRANTY OF HABITABILITY (VIOLATION OF CIVIL CODE 19413); ETC

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  • 07/03/2014
  • DocketComplaint Filed

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  • 07/03/2014
  • DocketComplaint; Filed by Lilliana Martinez (Plaintiff)

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Tentative Rulings

Case Number: BC550509    Hearing Date: November 07, 2019    Dept: 37

HEARING DATE: November 7, 2019

CASE NUMBER: BC550509

CASE NAME: Lilliana Martinez, et al. v. Amusement Six Apartments, LLC

MOVING PARTIES: Plaintiffs Lilliana Martinez, individually and on behalf of Jorge Maravilla Jr. and Isabella Maravilla

OPPOSING PARTIES: None

TRIAL DATE: None

PROOF OF SERVICE: OK

MOTION: Petition to Approve Compromise of Pending Action; Motion to Seal

OPPOSITION: None

TENTATIVE: Plaintiffs’ Petition to Approve Compromise of Pending Action is GRANTED. Counsel for Plaintiffs to give notice.

Background

This case arises out of allegations that Plaintiffs, Lilliana Martinez, Jorge Maravilla and their minor children, Jorge Ruben Maravilla and Juanita Isabel Maravilla (“Plaintiffs”) lived in allegedly slum housing conditions at 10131 Buford Avenue, Inglewood, CA 90304. (the “Premises.”) The premises are allegedly have been maintained by Defendant, Amusement Six Apartments, LLC (“Defendant”) Defendant is alleged to have failed to properly maintain, control or repair Plaintiffs’ leased apartment on the Premises such that all Plaintiffs were exposed to bedbugs, resulting in allegedly personal injury, emotional distress and financial loss. Plaintiff Jorge Maravilla brings this action individually, while Plaintiff Lilliana Martinez brings this action individually and as guardian ad litem for minors Jorge Maravilla Jr. and Juanita Isabel Maravilla.

The parties reached a settlement of this matter on July 9, 2019. The total amount paid by Defendant to all Plaintiffs is $763,650.00

Petition to Approve Disposition of Proceeds of Judgment (Isabel Maravilla)

NAME OF MINORS: Isabel Maravilla (age 7)

GUARDIAN AD LITEM: Lilliana Martinez

NAME OF DEFENDANTS: Amusement Six Apartments, LLC

Settlement $ 11,350.00

Medical Expenses $ 0.00

Attorney’s Fees $ 2,837.50

Litigation Costs $ 0.00

TOTAL TO BE PAID TO MINOR $ 8,512.50

A. General Requirements

Petition on MC-350? Yes (MC-350EX)

B. Type of Injury

Medical records documenting injuries? N/A (no alleged injuries)

Negotiated reduction in medical liens? N/A

Injuries completely healed? N/A

C. Handling of Funds

Disposal of Settlement Funds: N/A

D. Attorney’s Fees & Litigation Costs

Attorney’s Fees Requested? Yes

Attorney Declaration? [CRC 7.955(b)] Yes

Copy of Retention Agreement? Yes (Attachment 14, Ex. A)

Litigation costs requested? No

E. Conclusion

The petition contains all required information and is APPROVED.

Petition to Approve Disposition of Proceeds of Judgment (Jorge Maravilla Jr.)

NAME OF MINORS: Jorge Maravilla Jr. (age 10)

GUARDIAN AD LITEM: Lilliana Martinez

NAME OF DEFENDANTS: Amusement Six Apartments, LLC

Settlement $ 56,500.00

Medical Expenses $ 850.00

Attorney’s Fees $ 14,125.00

Litigation Costs $ 0.00

TOTAL TO BE PAID TO MINOR $ 41,525.00

A. General Requirements

Petition on MC-350? Yes (MC-350EX)

B. Type of Injury

Medical records documenting injuries? Yes (bedbug bites)

Negotiated reduction in medical liens? N/A

Injuries completely healed? Yes

C. Handling of Funds

Disposal of Settlement Funds: N/A

D. Attorney’s Fees & Litigation Costs

Attorney’s Fees Requested? Yes

Attorney Declaration? [CRC 7.955(b)] Yes

Copy of Retention Agreement? Yes (Attachment 14, Ex. A)

Litigation costs requested? No

E. Conclusion

The petition contains all required information and is APPROVED.

ANALYSIS:

Proposed Settlement Amount

A claim by or against a minor may be settled through compromise only with the approval of the court. A petition for approval must be presented to the court by the minor’s guardian. (Code Civ. Proc. § 372; see Probate Code §§ 2500-2507, 3413-3605.)

The court should consider the following factors: the circumstances of the incident, particularly the facts bearing on the payor’s liability and the minor’s damages; the amount of the proposed settlement; the method of payment; the nature of the injury and the minor’s current medical status (the petition should include a recent medical report); and the amount of attorneys’ fees being requested (typically, but not required to be 25%). (California Benchbook, Civil Proceedings Before Trial, § 5.54(a).)

Before the hearing the court should make a preliminary determination of whether the proposed settlement and the method of payment appear reasonable in relation to the potential liability and the nature and extent of the injuries. It is especially important to determine whether the minor’s condition is permanent, and whether it is stable or likely to worsen. (Ibid.) The court should also make a preliminary determination of whether the costs, expense and attorney’s fees requested appear reasonable. (Ibid.)

Petitioner’s counsel represents that both minors did not receive any psychological treatment, do not have moving expenses, have completely recovered from their injuries, and appear to have little recollection of the events at issue in this action. (Declaration of Brian Virag (“Virag Decl.”), ¶¶ 2-5.) Further, Petitioner’s counsel represents that the minors’ parents bore the “lion’s share of expenses,” including property damage, moving costs, and rent. (Virag Decl., ¶ 6.)

Based on the relevant factors and evidence submitted, the court finds that the amounts requested for each minor are reasonable.

Fees and Costs

The amount of fees to be awarded is within the sound discretion of the court. (Padilla v. McClellan (2001) 93 Cal.App.4th 1100, 1107.) In determining a reasonable attorney fee, the court may consider the following nonexclusive factors: (1) The fact that a minor or person with a disability is involved and the circumstances of that minor or person with a disability; (2) The amount of the fee in proportion to the value of the services performed; (3) The novelty and difficulty of the questions involved and the skill required to perform the legal services properly; (4) The amount involved and the results obtained; (5) The time limitations or constraints imposed by the representative of the minor or person with a disability or by the circumstances; (6) The nature and length of the professional relationship between the attorney and the representative of the minor or person with a disability; (7) The experience, reputation, and ability of the attorney or attorneys performing the legal services; (8) The time and labor required; (9) The informed consent of the representative of the minor or person with a disability to the fee; (10) The relative sophistication of the attorney and the representative of the minor or person with a disability; (11) The likelihood, if apparent to the representative of the minor or person with a disability when the representation agreement was made, that the attorney’s acceptance of the particular employment would preclude other employment; (12) Whether the fee is fixed, hourly, or contingent; (13) If the fee is contingent: (A) The risk of loss borne by the attorney; (B) The amount of costs advanced by the attorney; and (C) The delay in payment of fees and reimbursement of costs paid by the attorney; (14) Statutory requirements for representation agreements applicable to particular cases or claims. (Rules of Court, rule 7.955(b).)

Here, Petitioner’s counsel represents that 25% is to be deducted for attorney fees from each minor’s settlement amount. $2,875.50 is to be deducted from the total amount paid to minor Isabel Maravilla, and $14,125.00 is to be deducted from the amount paid to minor Jorge Maravilla Jr. No costs or fees are to be deducted from the amount payable to either minor. Each request for attorney’s fees is exactly 25% of the total amount payable to each minor.

Accordingly, the fees and costs are reasonable.

Conclusion

Given the foregoing, the court hereby GRANTS each Petition to Approve Disposition of Proceeds of Judgment. Petitioner is to give notice.