On 10/19/2015 TERRELL CRYER filed a Personal Injury - Other Personal Injury lawsuit against LOS ANGELES 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.
****8240
10/19/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
CRYER HELEN
DOES 1 THROUGH 20
LOS ANGELES UNIFIED SCHOOL DISTRICT
RILEY WILLIAM
CRYER TERRELL
REYNOLDS JAMES LEE
GREENLY MARLENE DIANE
HUNT JAMES ALBERT
LAW OFFICES OF MARLENE D. GREENLY
3/9/2017: Legacy Document
1/18/2018: EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES FOR 60 DAYS; ETC.
1/29/2018: Notice
3/19/2018: PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET 3, TO DEFENDANT WILLIAM RILEY
3/19/2018: SEPARATE STATEMENT PURSUANT TO CALIFORNIA RULES OF COURT 3.1345
4/2/2018: NOTICE PLAINTIFF'S MOTION TO COMPEL NO. 1 OFF CALFNDAR
7/3/2018: Minute Order
11/30/2018: Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc
1/28/2019: Notice
5/31/2019: Minute Order
5/31/2019: Certificate of Mailing for
10/19/2015: COMPLAINT FOR: 1. BREACH OF MANDATORY DUTY; ETC
5/12/2017: Minute Order
5/12/2017: NOTICE OF ASSOCIATION OF LEGAL COUNSEL
7/24/2017: NOTICE OF POSTING JURY FEES
7/24/2017: CIVIL DEPOSIT
10/25/2017: CIVIL DEPOSIT
11/7/2017: Minute Order
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Court Order
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Court's Motion
Minute Order ( (Court Order Re: Expedited Petition to Approve Compromise of P...)); Filed by Clerk
Certificate of Mailing for (Minute Order (Court Order Re: Expedited Petition to Approve Compromise of P...) of 05/31/2019); Filed by Clerk
Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk
Notice (Resetting OSC Re: Dismissal); Filed by Helen Cryer (Plaintiff); Terrell Cryer (Plaintiff)
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Court's Motion
Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk
at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Petition to Confirm Minor's Compromise
Notice (Resetting OSC Re: Dismissal); Filed by Helen Cryer (Plaintiff); Terrell Cryer (Plaintiff)
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE
at 08:30 AM in Department 93; Ex-Parte Proceedings - Held - Motion Granted
Ex-Parte Application; Filed by Los Angeles Unified School District (Defendant)
Minute order entered: 2017-03-09 00:00:00; Filed by Clerk
Order; Filed by Court
Minute Order
Answer; Filed by Los Angeles Unified School District (Defendant)
Answer
Complaint; Filed by null
COMPLAINT FOR: 1. BREACH OF MANDATORY DUTY; ETC
Case Number: BC598240 Hearing Date: November 12, 2019 Dept: 4A
Petition to Approve Minor’s Compromise
Having considered the petitioning papers, the Court rules as follows. No opposing papers were filed.
BACKGROUND
On October 19, 2015, Plaintiff Terrell Cryer, by and through his guardian ad litem Helen Cryer, filed a complaint against Defendants Los Angeles Unified School District and William Riley alleging a breach of a mandatory duty and general negligence for Defendant Riley’s pushing of Plaintiff’s head into a pole on June 2, 2014.
On August 28, 2019, Petitioner Helen Cryer filed a petition to approve a compromise of pending action for Plaintiff.
An Order to Show Cause Re: Dismissal (Settlement) is set for November 12, 2019.
PARTY’S REQUESTS
Petitioner Helen Cryer (“Petitioner”) asks the Court to grant a petition to approve a compromise of pending action for Plaintiff Terrell Cryer (“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 Claimant’s attendance is not required due to his age and the settlement amount.
DISCUSSION
The Court finds the petition is properly approved.
All of the required attachments are included with the petition. Los Angeles Unified School District and William Riley are to pay jointly and severally. $1,668.47 of the gross settlement is to cover medical expenses, including a $1,250.07 payment to Department of Health Care Services and a $418.40 payment to the Rawlings Company LLC. $8,750 or 25% of the gross settlement is to be paid for attorney’s fees, which is reasonable considering the preliminary discovery and motion practice that was conducted in this case as outlined in James L. Reynolds’ declaration. $2,817.02 of the gross settlement is to be paid for costs. The net settlement of $21,764.51 is to be deposited in a blocked account at Wells Fargo bank, 36495 Stocker Street, Los Angeles, California 90008 subject to withdrawal only upon the authorization of the Court.
The Court notes that item 19.b.(2) is not selected in the petition. But this failure to select this option is not fatal to the petition because it is clear Petitioner mistakenly failed to select this option. This is because the net settlement is still included in this section and there is an Attachment 19b(3), both of which would only be present if it were Petitioner’s intention to have the net settlement deposited into a blocked account subject to withdrawal upon Court approval.
The petition for minor’s compromise filed on August 28, 2019 for Claimant is APPROVED.
The Court shall sign the proposed order concurrently filed with the August 28, 2019 petition for minor’s compromise.
Petitioner is ordered to give notice of this ruling.