On 11/05/2015 NAZMUN ULLAH filed a Personal Injury - Motor Vehicle lawsuit against JAMES DELANEY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
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11/05/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
ULLAH NAZMUN
DELANEY JAMES
DOES 1 TO 50
ULLAH FARHAN
ULLAH FUCHSIA
LAW OFFICE OF SILVERMAN & GOLDSZER
HUMMEL BRIAN GEORGE ESQ.
GOLDSZER RONALD ISAAC ESQ.
1/17/2018: Minute Order
1/19/2018: STIPULATION RE: TAKING MOTION TO STRIKE PUNITIVE DAMAGES OFF CALENDAR TO ALLOW PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT ETC
2/27/2018: COMPLAINT
10/15/2018: Notice of Settlement
10/17/2018: Notice
4/11/2019: Declaration
4/12/2019: Minute Order
11/5/2015: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
4/20/2017: Minute Order
5/24/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?EX PARTE
5/24/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
6/20/2017: Minute Order
10/12/2017: FIRST AMENDED COMPLAINT - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH
10/20/2017: PROOF OF SERVICE SUMMONS
11/21/2017: NOTICE OF MOTION AND MOTION TO STRIKE PUNITIVE DAMAGES
11/21/2017: DEMAND FOR JURY TRIAL
11/21/2017: ANSWER TO FIRST AMENDED COMPLAINT
12/14/2017: Minute Order
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause - Settlement ((conditional Settlement)) - Held - Continued
Minute Order ( (Order to Show Cause - Settlement (conditional Settlement))); Filed by Clerk
Declaration (Declarartion of Ronald I Goldszer RE OSC for Failure to File Application for Minor's Compromise of Disputed Claim); Filed by Nazmun Ullah (Plaintiff); Farhan Ullah (Legacy Party); Fuchsia Ullah (Legacy Party)
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Non-Jury Trial - Not Held - Advanced and Vacated
Notice (of ruling RE FSC, Trial date and order to show cause); Filed by James Delaney (Defendant)
at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and Vacated
Minute order entered: 2018-10-16 00:00:00; Filed by Clerk
Minute Order ((Final Status Conference; Court Order Pursuant to Notice of C...)); Filed by Clerk
Notice of Settlement of Entire Case; Filed by Nazmun Ullah (Plaintiff)
Third Amended Complaint; Filed by Nazmun Ullah (Plaintiff); Farhan Ullah (Legacy Party); Fuchsia Ullah (Legacy Party)
Application ; Filed by Plaintiff/Petitioner
Application ; Filed by Plaintiff/Petitioner
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM EX PARTE
at 08:30 AM in Department 92; Jury Trial - Not Held - Advanced and Vacated
Minute order entered: 2017-05-05 00:00:00; Filed by Clerk
at 10:00 AM in Department 92; Final Status Conference (Final Status Conference; Off Calendar) -
Minute Order
Minute order entered: 2017-04-20 00:00:00; Filed by Clerk
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Complaint; Filed by Nazmun Ullah (Plaintiff)
Case Number: BC600356 Hearing Date: January 13, 2020 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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FUCHSIA ULLAH, ET AL., Plaintiff(s), vs. JAMES DELANEY, ET AL., Defendant(s). |
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Case No.: BC600356 ORDER DENYING EXPEDITED PETITIONS TO APPROVE COMPROMISES OF MINORS WITHOUT PREJUDICE Dept. 3 |
Plaintiffs, Nazmun, Farhan, and Fuchsia Ullah filed this action against Defendant, James Delaney for damages arising out of an automobile accident. Farhan and Fuchsia are minors and are appearing in the action through their mother, Nazmun.
The parties have agreed to settle the case for the total amount of $30,000, which is the policy limit on Defendant’s policy. $500 of the settlement is allocated to Farhan, $10,000 to Fuchsia, and $25,000 to their mother, Nazmun. If the settlement is approved, each minor plaintiff will pay small amounts in medical expenses and 25% in attorneys’ fees; the remaining amounts will be deposited in a blocked account.
The petitions are denied without prejudice for the following reasons:
· ¶3 is not filled out.
· Attachment 13 fails to explain the reasons for the apportionment of the settlement between the three plaintiffs. Instead, Petitioner indicates there has “not been any apportionment” of the settlement. This is erroneous. The total settlement is for $30,000, which is Defendant’s insurance policy limit. The parties made a determination of how to allocate that $30,000 between each of the three plaintiffs, and the basis for that decision must be disclosed.
· There is no attorney declaration explaining the basis for the fee, and any fee retainer agreement is not attached. Petitioner must provide required Attachment 15a in this regard.
· ¶19b is erroneous. Counsel is clearly receiving a fee in connection with each of the three plaintiffs’ settlements. The fee associated with the other two plaintiffs must be disclosed in each petition.
· ¶20 appears to be erroneous. Petitioner indicate there is a “guardianship of the estate of the minor.” If this is true, there must be an associated probate court case listed. Appointment of a guardian ad litem is not tantamount to a guardianship of the estate of the minor. Petitioner must either list the probate court case number in which the guardianship was created or choose one of the options from ¶20b for distribution of the proceeds of the settlement.
· There is no proof of service of the petition on Defendant.
Dated this 10th day of January 10, 2020
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Hon. Jon Takasugi Judge of the Superior Court |