This case was last updated from Los Angeles County Superior Courts on 07/09/2019 at 23:18:36 (UTC).

MEY CHOU ET AL VS ENRIQUE SERA JR ET AL

Case Summary

On 08/03/2015 MEY CHOU filed a Personal Injury - Motor Vehicle lawsuit against ENRIQUE SERA JR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9809

  • Filing Date:

    08/03/2015

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

CHOU MEY

Defendants and Cross Plaintiffs

BRAGANZA MARIETTA DEGUZMAN

DOES 1 TO 10

MEDINA MARGARITA A.

SERA ENRIQUE JR.

Defendants and Respondents

DOES 1 TO 10

MEDINA MARGARITA A.

SERA ENRIQUE JR.

Minors

CHOU ISABEL

CHOU NAYELI

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorney

HEMMING LAW A.P.C.

Defendant and Respondent Attorneys

DACEY JENNIFER M.

HILLIER DAVID M. ESQ.

SMITH BRIAN P. ESQ.

Defendant and Cross Plaintiff Attorney

HILLIER DAVID M. ESQ.

 

Court Documents

Petition to Approve Compromise of Disputed Claim

4/4/2019: Petition to Approve Compromise of Disputed Claim

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

8/3/2015: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

8/7/2015: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

8/7/2015: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

8/13/2015: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

12/16/2015: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

CROSS-COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

3/16/2016: CROSS-COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

Summons on Cross Complaint

3/23/2016: Summons on Cross Complaint

ANSWER TO COMPLAINT

3/23/2016: ANSWER TO COMPLAINT

PROOF OF SERVICE SUMMONS

3/28/2016: PROOF OF SERVICE SUMMONS

ANSWER PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH- CROSS-COMPLAINT OF (NAME): MEDINA

4/4/2016: ANSWER PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH- CROSS-COMPLAINT OF (NAME): MEDINA

NOTICE OF POSTING JURY FEES

7/8/2016: NOTICE OF POSTING JURY FEES

ORDER RE: ENRIQUE SERA, JR. AND MARGARITA A. MEDINA'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

8/23/2016: ORDER RE: ENRIQUE SERA, JR. AND MARGARITA A. MEDINA'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

ORDER DETERMINING GOOD FAITH SETTLEMENT PURSUANT TO C.C.P. 877.6

8/23/2016: ORDER DETERMINING GOOD FAITH SETTLEMENT PURSUANT TO C.C.P. 877.6

Minute Order

8/23/2016: Minute Order

REQUEST FOR DISMISSAL

8/29/2016: REQUEST FOR DISMISSAL

ORDER TO SHOW CAUSE RE: DISMISSAL

1/30/2017: ORDER TO SHOW CAUSE RE: DISMISSAL

NOTICE OF CHANGE OF FIRM NAME, ADDRESS, AND TELEPHONE NUMBERS

7/18/2017: NOTICE OF CHANGE OF FIRM NAME, ADDRESS, AND TELEPHONE NUMBERS

18 More Documents Available

 

Docket Entries

  • 04/04/2019
  • Petition to Approve Compromise of Disputed Claim; Filed by Mey Chou (Plaintiff); Nayeli Chou (Legacy Party)

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  • 08/03/2018
  • at 08:30 AM in Department 7; Unknown Event Type

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  • 01/17/2018
  • at 08:30 AM in Department 98; (OSC RE Dismissal; Discharged) -

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  • 01/17/2018
  • Minute order entered: 2018-01-17 00:00:00; Filed by Clerk

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  • 07/18/2017
  • NOTICE OF CHANGE OF FIRM NAME, ADDRESS, AND TELEPHONE NUMBERS

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  • 07/18/2017
  • Notice of Change of Firm Name; Filed by Enrique, Jr. Sera (Defendant); Margarita A. Medina (Defendant)

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  • 02/03/2017
  • at 08:30 AM in Department 98; Jury Trial (Jury Trial; Vacated) -

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  • 02/03/2017
  • Minute order entered: 2017-02-03 00:00:00; Filed by Clerk

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  • 01/30/2017
  • ORDER TO SHOW CAUSE RE: DISMISSAL

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  • 01/30/2017
  • Order to Show Cause re: Dismissal (Settlement); Filed by Clerk

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48 More Docket Entries
  • 12/16/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 12/16/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 12/16/2015
  • Application ; Filed by Plaintiff/Petitioner

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  • 08/13/2015
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

    Read MoreRead Less
  • 08/07/2015
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 08/07/2015
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 08/07/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

    Read MoreRead Less
  • 08/07/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

    Read MoreRead Less
  • 08/03/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 08/03/2015
  • Complaint; Filed by Mey Chou (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC589809    Hearing Date: November 25, 2019    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MEY CHOU, et al.,

Plaintiffs,

vs.

ENRIQUE SERA, JR., et al.,

Defendants.

CASE NO.: BC589809

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINORS’ COMPROMISE

Date: November 25, 2019

Time: 8:30 a.m.

Dept. 56

Two petitions were filed by a single petitioner to: (1) approve compromise of pending action; and (2) approve compromise of disputed claim with respect to the minors below. No oppositions were filed to the respective petitions.

PETITION ON BEHALF OF ISABEL CHOU

Petitioner and guardian ad litem Mey Chou petitioned to approve compromise of pending action on behalf of Claimant Isabel Chou. The petition is unopposed.

Under the terms of the compromise, Claimant will receive a gross sum of $8,500.00 of which: (1) $2,125.00 will be used to pay attorneys’ fees and litigation costs; (2) $1,757.63 will be used to pay medical expenses; (3) and $761.65 will be used to pay expenses other than medical expenses. Claimant will be left with a net balance of proceeds of $3,855.97 that is proposed to be paid or delivered to a parent of the minor, upon the terms and under the conditions specified in Probate Code Sections 3401-3402, without bond. (Petition at ¶ 19(b)(5).)

While the petition represents that the name and address of the parent and the money or other property to be delivered are specified in Attachment 19b(5) to the Petition, there is no Attachment 19b(5) that is attached to the Petition. The proposed order approving the compromise of pending action on behalf of Claimant Isabel Chou indicates that the net balance of proceeds will be placed in a blocked account at Wells Fargo located at 2500 South Grove Avenue in Ontario, CA 91761. (Proposed Order at ¶ 8.) Thus, there is a discrepancy based on the Petition and proposed order as to where the net balance of proceeds will go.

Although the petition is unopposed, the Court DENIES WITHOUT PREJUDICE the petition to approve compromise of pending action on behalf of Claimant Isabel Chou due to: (1) the discrepancy indicated above with respect to the petition and proposed order on where the net balance of proceeds will be placed.

PETITION ON BEHALF OF NAYELI CHOU

Petitioner and guardian ad litem Mey Chou petitioned to approve compromise of disputed claim on behalf of Claimant Nayeli Chou. The petition is unopposed.

Under the terms of the compromise, Claimant will receive a gross sum of $8,500.00 of which: (1) $2,125.00 will be used to pay attorneys’ fees and litigation costs; (2) $2,539.54 will be used to pay medical expenses; (3) and $737.35 will be used to pay expenses other than medical expenses. Claimant will be left with a net balance of proceeds of $3,098.11 that is proposed to be paid or delivered to a parent of the minor, upon the terms and under the conditions specified in Probate Code Sections 3401-3402, without bond. (Petition at ¶ 19(b)(5).)

While the Petition represents that the name and address of the parent and the money or other property to be delivered are specified in Attachment 19b(5) to the Petition, there is no Attachment 19b(5) that is attached to the Petition. The proposed order approving the compromise of pending action on what the Court presumes is with respect to Nayeli Chou does not state the name of the Claimant as that section of the proposed order is left blank. (See Proposed Order at ¶ 4.) The proposed order indicates that the net balance of proceeds will be placed in a blocked account at Wells Fargo located at 2500 South Grove Avenue in Ontario, CA 91761. (Proposed Order at ¶ 8.) There exists a discrepancy based on the Petition and proposed order as to where the net balance of proceeds will go.

Although the petition is unopposed, the Court DENIES WITHOUT PREJUDICE the petition to approve compromise of pending action on behalf of Claimant Nayeli Chou due to: (1) the discrepancy indicated above with respect to the Petition and proposed order on where the net balance of proceeds will be placed; and (2) the proposed order form with respect to who the Court presumes is Claimant Nayeli Chou not indicating the name of the claimant.

Counsel is to refile the petitions with respect to Claimants Isabel Chou and Nayeli Choi so that all the required attachments are present and the Petition and proposed order with respect to each claimant is accurate and complete.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 25th day of November 2019

Hon. Holly J. Fujie

Judge of the Superior Court