This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 14:04:24 (UTC).

PATRICK IGNACIO VS POMONA UNIFIED SCHOOL DISTRICT ET AL

Case Summary

On 09/23/2016 PATRICK IGNACIO filed a Personal Injury - Other Personal Injury lawsuit against POMONA UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4896

  • Filing Date:

    09/23/2016

  • 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 Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Guardian Ad Litem

IGNACIO EVELYN

Defendants and Respondents

DOES 1 TO 70

DIAMOND RANCH HIGH SCHOOL

NATIONAL EXPRESS LLC

ISRAEL ROBERT ELIJAH

POMONA UNIFIED SCHOOL DISTRICT

DURHAM SCHOOL SERVICES L.P.

Minor

IGNACIO PATRICK

Attorney/Law Firm Details

Plaintiff Attorney

CARNAKIS CHRISTOS L

Defendant Attorneys

WROE MISHAN RAINI

SCHIFF HARDIN LLP

Minor Attorney

BELIGAN & CARNAKIS LLP

 

Court Documents

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION PROCEEDS OF JUDGMENT

6/19/2018: PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION PROCEEDS OF JUDGMENT

Minute Order

8/1/2018: Minute Order

Minute Order

1/17/2019: Minute Order

Unknown

3/28/2019: Unknown

Unknown

4/16/2019: Unknown

PLAINTIFF?S COMPLAINT FOR 1. NEGLIENCE; ETC

9/23/2016: PLAINTIFF?S COMPLAINT FOR 1. NEGLIENCE; ETC

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

9/23/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

12/1/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - EX PARTE

1/13/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - EX PARTE

PROOF OF SERVICE SUMMONS

5/15/2017: PROOF OF SERVICE SUMMONS

Unknown

5/23/2017: Unknown

STIPULATION TO DISMISS PUNITIVE DAMAGES CLAIM WITHOUT PREJUDICE; ORDER

6/1/2017: STIPULATION TO DISMISS PUNITIVE DAMAGES CLAIM WITHOUT PREJUDICE; ORDER

NOTICE OF ENTRY OF ORDER DISMISSING PLAINTIFF'S PUNITIVE DAMAGES CLAIM

6/9/2017: NOTICE OF ENTRY OF ORDER DISMISSING PLAINTIFF'S PUNITIVE DAMAGES CLAIM

PROOF OF SERVICE SUMMONS

6/14/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE OF SUMMONS

6/15/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

9/11/2017: PROOF OF SERVICE OF SUMMONS

REQUEST FOR ENTRY OF DEFAULT

10/6/2017: REQUEST FOR ENTRY OF DEFAULT

ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91,92,93, 97)

11/13/2017: ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91,92,93, 97)

26 More Documents Available

 

Docket Entries

  • 05/09/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion - Other (Petition for Compromise of Minors Claims with Special Needs Trust) - Not Held - Advanced and Continued - by Court

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  • 04/16/2019
  • at 08:28 AM in Department 4A, Christopher K. Lui, Presiding; Court Order

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  • 04/16/2019
  • Certificate of Mailing for (Minute Order (Court Order Continuing Petitioner for Minor's Compromise) of 04/16/2019); Filed by Clerk

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  • 04/16/2019
  • Minute Order ( (Court Order Continuing Petitioner for Minor's Compromise)); Filed by Clerk

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  • 03/28/2019
  • Notice of Rejection - Ex Parte Application Without Hearing (for Guardian ad litem re: Patrick)

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  • 03/18/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion - Other (Petition for Compromise of Minors Claims with Special Needs Trust) - Not Held - Rescheduled by Party

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  • 01/17/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion - Other (Petition for Compromise of Minors Claims with Special Needs Trust) - Held - Continued

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  • 01/17/2019
  • Minute Order ( (Hearing on Motion - Other Petition for Compromise of Minors C...)); Filed by Clerk

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  • 12/31/2018
  • Notice of Hearing on Petition; Filed by Evelyn Ignacio (Plaintiff)

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  • 12/20/2018
  • at 1:30 PM in Department 4; Hearing on Petition to Confirm Minor's Compromise - Not Held - Taken Off Calendar by Party

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68 More Docket Entries
  • 01/13/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/13/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - EX PARTE

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  • 12/14/2016
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 12/01/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 12/01/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 10/04/2016
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD L1TEM

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  • 09/23/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 09/23/2016
  • PLAINTIFF S COMPLAINT FOR 1. NEGLIENCE; ETC

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  • 09/23/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 09/23/2016
  • Complaint; Filed by null

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Tentative Rulings

Case Number: BC634896    Hearing Date: February 21, 2020    Dept: 28

Petition to Approve a Compromise of Pending Action

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

BACKGROUND

On January 8, 2020, Petitioner Norberto Ignacio filed an amended petition to approve compromise of pending action for Claimant Patrick Ignacio.

Trial is set for September 29, 2020.

PARTY’S REQUEST

Petitioner Norberto Ignacio (“Petitioner”) asks the Court to approve a petition to approve a compromise of pending action for Claimant Patrick Ignacio (“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 Petitioner’s and Claimant’s attendance is not required due to Claimant’s disability and the settlement amount.

DISCUSSION

The Court finds the petition is proper.  All required documents have been attached to either the petition or the proposed order.  All necessary components of the special needs trust have been lodged with the Court.  The settlement amount of $102,500 is reasonable for Claimant’s healed soft-tissue injuries and chipped tooth.

CONCLUSION

The petition to approve a compromise of pending action for Claimant is APPROVED.

The Court shall approve the proposed order approving this petition with the petition on January 8, 2020

Petitioner is ordered to give notice of this ruling.

Case Number: BC634896    Hearing Date: October 28, 2019    Dept: 4A

Petition to Approve Three Minor's Compromise

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

BACKGROUND¿¿

On September 23, 2016, Plaintiff Patrick Ignacio, a minor by and through his Guardian ad Litem, Evelyn Ignacio, filed a complaint against Defendants alleging causes of action for negligence and negligent hiring, retention, supervision, and training.  The complaint alleges that on September 24, 2015, Plaintiff, who is autistic, was being transported from his high school to his home in a special needs school bus.  The bus missed its usual stop at Plaintiff’s residence which resulted in Plaintiff becoming excited, restless, fearful, and agitated causing him to jump out of the unsecured and unlocked school bus window. 

On December 12, 2018, Petitioner Evelyn Ignacio filed a petition to approve a compromise of pending action for Plaintiff.

On January 17, 2019, the petition was continued based on numerous defects.  The petition has been continued multiple times since then and Plaintiffs GAL Evelyn Ignacio has passed away.  Multiple applications for appointment of guardian ad litem for Plaintiff have been rejected.  No new papers have been filed since January 17, 2019.

PARTY’S REQUEST

Petitioner Evelyn Ignacio requests the Court to grant the petition to approve a compromise of pending action for Plaintiff Patrick Ignacio.

LEGAL STANDARD

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

DISCUSSION

This case has been continued multiple times since January 17, 2019.  No new papers have been filed other than rejected applications for appointment of guardian ad litem for Patrick Ignacio.  Thus, the same defects that were previously addressed in the Court’s January 17, 2019 Order still stand.  The defects are as follows:

  1. A proposed order must be attached for review.  

The proposed order must attach a copy of the proposed special needs trust instrument to capture the text of the trust being approved.  The proposed order is to include all the findings under Probate Code §3604(b).  The proposed order is to specify that the bond and accounting are waived, but trustee is required to report to the Probate Court if the trust assets ever exceed $20,000.  

The proposed order must also include language requiring Petitioner to open a separate proceeding for the trust by filing a certified copy of the settlement order establishing the trust with the Probate Court.  (LASC Rule 4.115(e)(1).)  Thus, the proposed order is to include: “The trustee is ordered to file LA County local form PRO 044 “Notice of Commencement of Proceeding of a Court Supervised Trust” under a new probate case number within 60 days.  An OSC re same is set for ______________.”

The requested fee constitutes approximately 40% of the gross settlement amount.  The court must apply a reasonable fee standard in approving attorney’s fees in a minor’s compromise petition. (Cal. Rules of Court, rule 7.955(a).)  Generally, 25% in attorney’s fees for a minor’s compromise petition is more than reasonable, unless a higher award can be justified.  Here, there is an insufficient record to justify a higher award.  Counsel attempts to justify a higher fee by stating that the litigation was intensive and lasted for more than hat the result was outstanding. The Court does not find counsel’s reasoning to be a sufficient basis for a higher award.  The fact that the contingency fee agreement provides for 40% of any recovery is also insufficient to justify a higher award.  The $41,000.00 in attorney’s fees sought by counsel is not justified by the evidence in

  1. Paragraph 11 is incorrectly completed. 

Paragraph 11 requires the petition to list the defendants and amounts offered by each.  The petition only lists the “Gross Settlement of all Defendants.”

  1. There are no attachments supporting the $14,166.64 in costs claimed in Paragraph 14.  

Petitioner must list and document the costs sought to be paid out of the settlement amount.  Neither has been done here.

The Court is therefore inclined to continue the hearing on the petition.¿ Petitioner is ordered to submit an amended petition and proposed order correcting the identified deficiencies.¿ If counsel intends to seek 40% in attorney’s fees, counsel must submit a supplemental declaration with specific details justifying a 40% award.¿ It also appears that Patrick no longer has a GAL, as his previous GAL passed away on May 15, 2019.

The Petition to approve minor’s compromise is CONTINUED to January 7, 2020 at 1:30 p.m. in Department 4A.

Petitioner is ordered to give notice of this ruling.