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This case was last updated from Los Angeles County Superior Courts on 06/17/2019 at 12:33:36 (UTC).

SLAWOMIR KIELBASINSKI ET AL VS TOTAL SAFETY U S INC ET AL

Case Summary

On 06/07/2016 SLAWOMIR KIELBASINSKI filed a Personal Injury - Motor Vehicle lawsuit against TOTAL SAFETY U S INC. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3055

  • Filing Date:

    06/07/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

KIELBASINSKI SLAWOMIR

Defendants, Respondents and Cross Plaintiffs

CASAS JOSE

TOTAL SAFETY U.S. INC.

DOES 1 THROUGH 30

Minor

KIELBASINSKI VALDEMAR

Guardian Ad Litem

RAMPE JANE SUZANNE

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorney

LEDERER & NOJIMA LLP

Defendant Attorney

CRAWFORD SHELBY BROOKE

 

Court Documents

PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL

2/27/2018: PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL

NOTICE RE: CONTINUANCE OF HEARING

3/2/2018: NOTICE RE: CONTINUANCE OF HEARING

NOTICE OF NEW TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/DISCOVERY DATES

3/12/2018: NOTICE OF NEW TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/DISCOVERY DATES

NOTICE OF CHANGE OF FIRM NAME

5/23/2018: NOTICE OF CHANGE OF FIRM NAME

TOTAL SAFETY U.S., INC., AND JOSE CASAS' NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL AND RELATED DATES; ETC

8/28/2018: TOTAL SAFETY U.S., INC., AND JOSE CASAS' NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL AND RELATED DATES; ETC

Minute Order

8/29/2018: Minute Order

Order

10/9/2018: Order

Ex Parte Application

10/9/2018: Ex Parte Application

Request for Dismissal

1/15/2019: Request for Dismissal

Minute Order

4/11/2019: Minute Order

Notice of Ruling

4/18/2019: Notice of Ruling

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

6/8/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS

6/22/2016: SUMMONS

PROOF OF SERVICE SUMMONS

7/13/2016: PROOF OF SERVICE SUMMONS

SUMMONS CROSS-COMPLAINT

9/13/2016: SUMMONS CROSS-COMPLAINT

ANSWER TO UNVERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL BY JOSE CASAS

12/1/2016: ANSWER TO UNVERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL BY JOSE CASAS

NOTICE OF CHANGE OF FIRM NAME

7/21/2017: NOTICE OF CHANGE OF FIRM NAME

NOTICE OF NEW TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/DISCOVERY DATES

10/20/2017: NOTICE OF NEW TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/DISCOVERY DATES

24 More Documents Available

 

Docket Entries

  • 06/07/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; (OSC RE Dismissal) - Not Held - Advanced and Vacated

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  • 04/23/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/18/2019
  • Notice of Ruling; Filed by Jose Casas (Defendant); Total Safety U.S., Inc. (Defendant)

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  • 04/11/2019
  • at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 04/11/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 01/15/2019
  • Request for Dismissal; Filed by Slawomir Kielbasinski (Plaintiff)

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  • 10/24/2018
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Continue Trial - Not Held - Advanced and Vacated

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  • 10/24/2018
  • Minute order entered: 2018-10-24 00:00:00; Filed by Clerk

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  • 10/23/2018
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 10/17/2018
  • Notice (Of cancellation of Defendants' motion to continue Trial date); Filed by Slawomir Kielbasinski (Plaintiff)

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64 More Docket Entries
  • 07/13/2016
  • PROOF OF SERVICE SUMMONS

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  • 07/13/2016
  • Proof of Service (not Summons and Complaint); Filed by Slawomir Kielbasinski (Plaintiff); Valdemar Kielbasinski (Legacy Party)

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  • 06/22/2016
  • Summons Issued; Filed by Clerk

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  • 06/22/2016
  • Summons; Filed by Clerk

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  • 06/22/2016
  • SUMMONS

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  • 06/14/2016
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/08/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 06/08/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 06/07/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 06/07/2016
  • Complaint; Filed by Slawomir Kielbasinski (Plaintiff)

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Tentative Rulings

Case Number: BC623055    Hearing Date: February 25, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SLAWOMIR KIELBASINSKI, ET AL.,

Plaintiff(s),

vs.

TOTAL SAFETY U.S., INC., ET AL.

Defendant(s).

)

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Case No.: BC623055

ORDER FINDING PETITION TO APPROVE MINOR’S COMPROMISE MOOT

Dept. 31

8:30 a.m.

February 25, 2021

Plaintiffs, Slawomir and Valdemar Kielbasinski filed this action against Defendants, Jose Casas and his employer, Total Safety U.S., Inc. for damages arising out of an automobile accident. Valdemar is a minor and is appearing in this action by and through his parent and guardian ad litem, Jane Suzanne Rampe. Plaintiff sustained various injuries as a result of the accident and was treated in the emergency room with follow-up for chiropractic, orthopedic, and physical therapy treatment. Plaintiff has fully recovered from his injuries.

The parties have agreed to a global settlement of the action. The minor child would be awarded $45,000 under the settlement, and Slawomir Kielbasinski would receive $395,000. If the settlement is approved, $2,960.02 will be used for medical expenses, $9,429,20 for attorneys’ fees, and $2,610.78 for costs of suit; the remaining balance of $30,000 will be placed in a blocked account.

The court has reviewed the settlement and finds it fair and reasonable. The court also finds the attorney’s fees fair and reasonable in that they amount to about 20.9% of the minor’s settlement.

The court originally heard this matter on 1/21/21, where it noted proof of service of the petition on Defendant was proper. (Min. Order 1/21/21.) The court continued the petition to 2/25/21 so that Petition could correct the petition and proposed order. (Ibid.) The court further noted that because minor Plaintiff Valdemar Kielbasinski would be 18 by the time of the 2/25/21 hearing, there was no need for an order to place the funds in a blocked account. (Ibid.)

Because Plaintiff Valdemar Kielbasinski is now 18, and there are no minors remaining in this action, there is no reason to rule on a petition to confirm minor’s compromise. Notably, a ruling granting a petition to approve a compromise is not tantamount to a ruling enforcing a settlement, finding a settlement to be in good faith, etc. Each of these requests have statutory authority, and a noticed motion must be filed concerning any such request.

The petition is taken off calendar as moot in light of Plaintiff Valdemar Kielbasinski turning 18 years old.

Petitioner is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 25th day of February, 2021

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC623055    Hearing Date: January 21, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SLAWOMIR KIELBASINSKI, ET AL.,

Plaintiff(s),

vs.

TOTAL SAFETY U.S., INC., ET AL.

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

Case No.: BC623055

ORDER DENYING PETITION TO APPROVE MINOR’S COMPROMISE WITHOUT PREJUDICE

Dept. 31

8:30 a.m.

January 21, 2021

Plaintiffs, Slawomir and Valdemar Kielbasinski filed this action against Defendants, Jose Casas and his employer, Total Safety U.S., Inc. for damages arising out of an automobile accident. Valdemar is a minor and is appearing in this action by and through his parent and guardian ad litem, Jane Suzanne Rampe. Plaintiff sustained various injuries as a result of the accident and was treated in the emergency room with follow-up for chiropractic, orthopedic, and physical therapy treatment. Plaintiff has fully recovered from his injuries.

The parties have agreed to a global settlement of the action. The minor child would be awarded $45,000 under the settlement, and Slawomir Kielbasinski would receive $395,000. If the settlement is approved, $2,960.02 will be used for medical expenses, $9,429,20 for attorneys’ fees, and $2,610.78 for costs of suit; the remaining balance of $30,000 will be placed in a blocked account.

The court has reviewed the settlement and finds it fair and reasonable. The court also finds the attorney’s fees fair and reasonable in that they amount to about 20.9% of the minor’s settlement. However, the expedited petition is denied without prejudice because the Court cannot locate proof of service of the petition on Defendants.

Furthermore, the court cannot locate a proposed order to approve settlement (Judicial Council Form MC-351) or a proposed order to place funds in a blocked account (Judicial Council Form MC-355). Petitioner is ordered to submit both proposed orders with the amended petition.

Pursuant to CRC 7.952, Plaintiff Valdemar and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance. Plaintiff Valdemar herein is 17 years old, and was 14 years old when the incident occurred. The court finds will require Valdemar to appear. Petitioner and Valdemar may appear at this hearing or in connection with the amended petition.

Petitioner is ordered to give notice.

Dated this 21st day of January, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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