This case was last updated from Los Angeles County Superior Courts on 07/02/2019 at 02:17:07 (UTC).

TYRELL BLACKMAN ET AL VS JOSE GUTIERREZ ET AL

Case Summary

On 01/06/2015 TYRELL BLACKMAN filed a Personal Injury - Motor Vehicle lawsuit against JOSE GUTIERREZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM and CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8190

  • Filing Date:

    01/06/2015

  • 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 Judges

HOWARD L. HALM

CHRISTOPHER K. LUI

 

Party Details

Defendants and Respondents

DOES 1-25

GUTIERREZ JOSE

MAGARITA DURAN ROJAS ICE CREAM TRUCK

TRUCK MAGARITA DURAN ROJAS ICE CREAM

Defendant and Cross Plaintiff

GUTIERREZ JOSE

Defendants and Cross Defendants

MAGARITA DURAN ROJAS ICE CREAM TRUCK

TRUCK MAGARITA DURAN ROJAS ICE CREAM

Guardian Ad Litem

BLACKMAN MICHELLE

Minor

BLACKMAN TYRELL

Attorney/Law Firm Details

Defendant and Cross Plaintiff Attorney

DAVIDIAN LINA S. ESQ.

Minor Attorney

SAMUEL OGBOGU INC

Other Attorneys

OGBOGU SAMUEL

DAVIDIAN LINA S.

 

Court Documents

EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY

1/22/2018: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY

Minute Order

2/27/2018: Minute Order

EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (MISCELLANEOUS)

3/16/2018: EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (MISCELLANEOUS)

Minute Order

3/29/2018: Minute Order

Minute Order

4/20/2018: Minute Order

NOTICE OF CONTINUANCE OF OSC RE; DISMISSAL

6/27/2018: NOTICE OF CONTINUANCE OF OSC RE; DISMISSAL

Minute Order

8/29/2018: Minute Order

Minute Order

3/27/2019: Minute Order

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

1/6/2015: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

APPLICATION AND ORDER FOR APPOINTIENT OF GUARDIAN AD LITEM?CIVIL

1/6/2015: APPLICATION AND ORDER FOR APPOINTIENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS

1/23/2015: SUMMONS

PROOF OF SERVICE SUMMONS

4/14/2015: PROOF OF SERVICE SUMMONS

ANSWER TO COMPLAINT

6/2/2015: ANSWER TO COMPLAINT

PROOF OF SERVICE RE: MARGARITA DURAN ROJAS ICE CREAM TRUCK

2/1/2016: PROOF OF SERVICE RE: MARGARITA DURAN ROJAS ICE CREAM TRUCK

NOTICE OF REJECTION - PLEADINGS

3/21/2016: NOTICE OF REJECTION - PLEADINGS

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

6/30/2016: [ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91, 92,93,97)

NOTICE OF SETTLEMENT OF ENTIRE CASE

10/3/2016: NOTICE OF SETTLEMENT OF ENTIRE CASE

NOTICE OF ORDER CONTINUING TRIAL AND FSC DATE

10/7/2016: NOTICE OF ORDER CONTINUING TRIAL AND FSC DATE

34 More Documents Available

 

Docket Entries

  • 06/21/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (and an Order to Show Cause ReProof of Deposit in blocked account) - Not Held - Continued - Party's Motion

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  • 06/21/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal and an Order to Show Cause ...)); Filed by Clerk

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  • 03/27/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Party's Motion

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  • 03/27/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 03/27/2019
  • Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous) ((AMENDED)); Filed by Samuel Ogbogu (Attorney)

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  • 01/29/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Party's Motion

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  • 01/29/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 11/28/2018
  • at 08:30 AM in Department 4; Order to Show Cause Re: Dismissal - Held - Continued

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  • 11/28/2018
  • Order to Deposit Money Into Blocked Account; Filed by Clerk

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  • 11/28/2018
  • Minute Order ((Order to Show Cause Re: Dismissal After Settlement)); Filed by Clerk

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89 More Docket Entries
  • 04/14/2015
  • PROOF OF SERVICE SUMMONS

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  • 01/23/2015
  • SUMMONS

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  • 01/23/2015
  • COMPLAINT-PERSONAL INJURY, PROPERTY DAMAGE. WRONGFUL DEATH

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  • 01/23/2015
  • First Amended Complaint; Filed by Michelle Blackman (Legacy Party); Tyrell Blackman (Legacy Party)

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  • 01/23/2015
  • Summons; Filed by Michelle Blackman (Legacy Party); Tyrell Blackman (Legacy Party)

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  • 01/09/2015
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 01/06/2015
  • Complaint; Filed by null

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  • 01/06/2015
  • APPLICATION AND ORDER FOR APPOINTIENT OF GUARDIAN AD LITEMCIVIL

    Read MoreRead Less
  • 01/06/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 01/06/2014
  • Application ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC568190    Hearing Date: March 11, 2020    Dept: 28

Motion for an Order Requiring Deposit Compromised Fund of Minor with the Court

The court considered the moving papers.

BACKGROUND

On January 6, 2015, Plaintiff Tyrell Blackman, a minor by and through his guardian ad litem, Michelle Blackman (“Plaintiff”), filed a complaint against Defendants Jose Gutierrez (“Gutierrez”) and Margarita Duran Rojas Ice Cream Truck (“Rojas”) (collectively “Defendants”).

On January 23, 2015, Plaintiff filed a first amended complaint, asserting causes of action for motor vehicle and general negligence. 

On June 2, 2015, Gutierrez filed an answer.

On June 16, 2015, Gutierrez filed a cross-complaint for indemnity and contribution against Rojas. 

On February 10, 2016, the Court entered default against Rojas. 

On March 15, 2016, Rojas filed an answer. 

On October 3, 2016, Plaintiff filed a Notice of Settlement of the Entire Case.

On November 28, 2018, the Court entered an order approving Compromise of Disputed Claim. 

[In the moving papers, Plaintiff represents Rojas was dismissed without prejudice. (Opposition, pg. 4.)]

REQUEST

Plaintiff requests an order to deposit compromised fund of minor with the court. 

LEGAL STANDARD

C.C.P. §128(a) provides, in pertinent part, as follows: “Every court shall have the power to do all of the following…(5)¿To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto…(8)¿To amend and control its process and orders so as to make them conform to law and justice…” 

Probate Code §3611 provides, as follows: 

In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the minor or person with a disability, order any one or more of the following:

(a)¿That a guardian of the estate or conservator of the estate be appointed and that the remaining balance of the money and other property be paid or delivered to the person so appointed.

(b)¿That the remaining balance of any money paid or to be paid be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court, and that the remaining balance of any other property delivered or to be delivered be held on conditions the court determines to be in the best interest of the minor or person with a disability.

(c)¿After a hearing by the court, that the remaining balance of any money and other property be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability. Notice of the time and place of the hearing and a copy of the petition shall be mailed to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.

(d)¿If the remaining balance of the money to be paid or delivered does not exceed twenty thousand dollars ($20,000), that all or any part of the money be held on any other conditions the court in its discretion determines to be in the best interest of the minor or person with a disability.

(e)¿If the remaining balance of the money and other property to be paid or delivered does not exceed five thousand dollars ($5,000) in value and is to be paid or delivered for the benefit of a minor, that all or any part of the money and the other property be paid or delivered to a parent of the minor, without bond, upon the terms and under the conditions specified in Article 1 (commencing with Section 3400) of Chapter 2.

(f)¿If the remaining balance of the money and other property to be paid or delivered is to be paid or delivered for the benefit of the minor, that all or any part of the money and other property be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).

(g)¿That the remaining balance of the money and other property be paid or delivered to the trustee of a trust which is created by, or approved of, in the order or judgment referred to in Section 3600. This trust shall be revocable by the minor upon attaining the age of 18 years, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustee’s accounts and trustee’s bond, as the court determines to be necessary to protect the minor’s interests.

(h)¿That the remaining balance of any money paid or to be paid be deposited with the county treasurer, if all of the following conditions are met:

(1)¿The county treasurer has been authorized by the county board of supervisors to handle the deposits.

(2)¿The county treasurer shall receive and safely keep all money deposited with the county treasurer pursuant to this subdivision, shall pay the money out only upon the order of the court, and shall credit each estate with the interest earned by the funds deposited less the county treasurer’s actual cost authorized to be recovered under Section 27013 of the Government Code.

(3)¿The county treasurer and sureties on the official bond of the county treasurer are responsible for the safekeeping and payment of the money.

(4)¿The county treasurer shall ensure that the money deposited is to earn interest or dividends, or both, at the highest rate which the county can reasonably obtain as a prudent investor.

(5)¿Funds so deposited with the county treasurer shall only be invested or deposited in compliance with the provisions governing the investment or deposit of state funds set forth in Chapter 5 (commencing with Section 16640) of Part 2 of Division 4 of Title 2 of the Government Code, the investment or deposit of county funds set forth in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5 of the Government Code, or as authorized under Chapter 6 (commencing with Section 2400) of Part 4.

(i)¿That the remaining balance of the money and other property be paid or delivered to the person with a disability.

DISCUSSION

Plaintiff, a minor, moves for an order to deposit his settlement funds with the court. 

Plaintiff’s counsel, Mr. Ogbogu, declared he was retained by Petitioner Michelle Blackman (“Petitioner”) in connection with injuries sustained by Plaintiff in the subject accident. (Declaration of Ogbogu ¶2.) Mr. Ogbogu declared the Court approved the Petition to Compromise the Claim of the minor on November 28, 2018, and ordered the sum of $10,545.42 to be deposited in an account for the benefit of Plaintiff.  (Declaration of Ogbogu ¶3.) Mr. Ogbogu declared he sent Petitioner the first settlement check and, after a few weeks, Petitioner informed him the check was lost. (Declaration of Ogbogu ¶4.0 Mr. Ogbogu declared he contacted the insurance carrier to put a stop payment and reissue the check. A new check was reissued on May 10, 2019. (Declaration of Mr. Ogbogu ¶5; Exhibit A.) Mr. Ogbogu declared he has made several attempts to communicate with Petitioner to open the account, but he has not received any cooperation. (Declaration of Ogbogu ¶5.) Mr. Ogbogu asks the court to issue an order amending the Order to Deposit Money and have the money deposited with the Clerk of the Court.  (Declaration of Ogbogu ¶6.) Mr. Ogbogu declared he communicated with Petitioner after the hearing on December 20, 2019, Petitioner indicated that she might come to Los Angeles, if possible, to open an account, but Mr. Ogbogu has not heard from her since. (Declaration of Ogbogu ¶9.) 

A parent's compromise of a minors disputed claim is valid only with court approval [Citations], and disposition of the proceeds requires a court order [Citation]. Probate Code section 3611 lists the court’s options for ordering the money invested or delegating that task to another.” (Christensen v. Superior Court (1987) 193 Cal.App.3d 139, 141.) The “court has some flexibility to achieve the purpose of the statute.” (Id. at 143.) However, “the best interests of the minor must guide the court’s discretion.” (Id.

Here, the court thinks the  appropriate approach is to order the Guardian to appear and show cause why she has not set up the appropriate account.  (In the meantime, the insurer may have to have the check re-issued as it may be stale.)   

CONCLUSION

Plaintiff’s motion to deposit compromised fund of minor with the court is denied without prejudice. The court orders Michelle Blackman to appear in Department 28 on May 5, 2020 at 8:30 a.m. to show cause why she has not set up a blocked account for Tyrell Blackman.