This case was last updated from Los Angeles County Superior Courts on 06/05/2019 at 03:52:47 (UTC).

YVONNE BARRO VS JOHN EIKER ET AL

Case Summary

On 07/25/2016 YVONNE BARRO filed a Personal Injury - Other Personal Injury lawsuit against JOHN EIKER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7077

  • Filing Date:

    07/25/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

YOLANDA OROZCO

 

Party Details

Plaintiffs and Petitioners

BARRO YVONNE

SEDGWICK CLAIMS MANAGEMENTBC629028

Defendants and Respondents

EIKER PEGGY

EIKER JOHN

DOES 1 TO 100 INCLUSIVE

EIKER ANNA MAE BC629028

EIKER PEGGY BC627077/BC629028

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

GEOULLA DANIEL D. ESQ.

GEOULLA DANIEL D. ESQ. BC627077

Defendant Attorney

WOLF & O'CONNOR L/O BC627077/BC629028

 

Court Documents

Complaint

7/25/2016: Complaint

Summons

7/25/2016: Summons

Proof of Service by Substituted Service

12/8/2017: Proof of Service by Substituted Service

ANSWER TO COMPLAINT

1/23/2018: ANSWER TO COMPLAINT

ORDER TO CONSOLIDATE CASES

3/1/2018: ORDER TO CONSOLIDATE CASES

STIPULATION AND ORDER RE; CONSOLIDATION OF RELATED CASES BC627077 AND BC629028

3/1/2018: STIPULATION AND ORDER RE; CONSOLIDATION OF RELATED CASES BC627077 AND BC629028

Minute Order

3/1/2018: Minute Order

Minute Order

3/28/2018: Minute Order

Minute Order

3/28/2018: Minute Order

Other -

9/4/2018: Other -

Motion to Compel Further Discovery Responses

9/4/2018: Motion to Compel Further Discovery Responses

Memorandum of Points & Authorities

9/5/2018: Memorandum of Points & Authorities

Other -

9/19/2018: Other -

Notice

9/19/2018: Notice

Memorandum of Points & Authorities

9/19/2018: Memorandum of Points & Authorities

Motion to Compel Further Discovery Responses

9/19/2018: Motion to Compel Further Discovery Responses

Notice of Settlement

10/9/2018: Notice of Settlement

Objection

10/16/2018: Objection

22 More Documents Available

 

Docket Entries

  • 11/08/2018
  • at 08:30 AM in Department 7, Yolanda Orozco, Presiding; Trial - Not Held - Vacated by Court

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  • 11/07/2018
  • at 10:00 AM in Department 7, Yolanda Orozco, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Vacated by Court

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  • 10/25/2018
  • at 10:00 AM in Department 7, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 10/16/2018
  • Defendant's Objections and Opposition to Plaintiff's Notice of Motion and Motion to Compel Further Responses and to Strike Defendant's Objections to Plaintiff's Form Interrogatories and Special Interrogatories- Set Two; Filed by Eiker, Peggy (BC627077/BC629028) (Defendant)

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  • 10/09/2018
  • Notice Of Settlement Of Entire Case; Filed by Yvonne Barro (Plaintiff)

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  • 09/19/2018
  • Miscellaneous-Other; Filed by Yvonne Barro (Plaintiff)

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  • 09/19/2018
  • Memorandum of Points & Authorities

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  • 09/19/2018
  • Motion to Compel; Filed by Yvonne Barro (Plaintiff)

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  • 09/19/2018
  • Notice; Filed by Yvonne Barro (Plaintiff)

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  • 09/19/2018
  • Motion to Compel; Filed by Yvonne Barro (Plaintiff)

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50 More Docket Entries
  • 12/08/2017
  • Proof-Service/Summons; Filed by Yvonne Barro (Plaintiff)

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  • 12/08/2017
  • Proof of Service by Substituted Service

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  • 11/15/2017
  • at 08:31 AM in Department 98; (Order ReRelated Cases; Court makes order) -

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  • 11/15/2017
  • Minute Order

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  • 11/15/2017
  • Minute order entered: 2017-11-15 00:00:00; Filed by Clerk

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  • 11/06/2017
  • Notice Notice of Related Cases

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  • 11/06/2017
  • Notice of Related Case; Filed by Yvonne Barro (Plaintiff)

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  • 07/25/2016
  • Complaint; Filed by Yvonne Barro (Plaintiff); SEDGWICK CLAIMS MANAGEMENT(BC629028) (Plaintiff)

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  • 07/25/2016
  • Complaint

    Read MoreRead Less
  • 07/25/2016
  • Summons; Filed by Yvonne Barro (Plaintiff)

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Tentative Rulings

Case Number: BC627077    Hearing Date: November 19, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

YVONNE BARRO,

Plaintiff(s),

vs.

JOHN EIKER,

Defendant(s).

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BC627077

(Consolidated with BC629028)

[TENTATIVE] ORDER RE: SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.’S MOTION FOR ORDER OF ALLOCATION AND DISTRIBUTION OF THIRD PARTY

Dept. 27

1:30 p.m.

November 19, 2020

Plaintiff Yvonne Barro Barro”) filed this action against defendants John Eiker Eiker s”) on July 25, 6 dog bite.¿ On July 29, 2016, Sedgwick Claims Management Services, Inc. (“Sedgwick”) filed an action against Defendants.  Sedgwick is the workers’ compensation carrier for Barro’s employer at the time of the incident.  Discovery was propounded and Barro was deposed before the parties reached a settlement.  

Defendants have tendered their policy limits of $300,000 to Barro and Sedgwick to settle all claims.  The issue before the Court is the allocation of this settlement between Barro and Sedgewick.¿¿¿Sedgwick argues it has been obligated to pay, and has paid, medical expenses in the amount of $68,541.02 and indemnity payments of $33,815.09, for a total of $102,356.11.  Sedgwick further argues that this total amount may increase due to the open workers’ compensation Accordingly, Sedgwick

Labor Code section 3850, et seqallows a worker’s compensation carrier to recover the total amount of its expenditures for compensation paid out to an injured employee in the event that the employee obtains a settlement from a third-party defendant.¿ The purpose of this is to prevent double recovery of damages by the employee.¿ Labor Code section 3858 entitles an to a credit against its obligation to pay further compensation benefits in the amount of the worker’s net recovery against the third-party tortfeasor.  (Lab. Code § 3858.)  However, this determination is made by the Worker’s . of $102,356.11 for benefits Sedgwick submitted the Declaration of Christopher Martin and attached

In opposition, Plaintiff claims she has incurred $113,074.69 in past medical expenses and has estimated future medical expenses of $25,249.  When adding her counsel’s priority lien and her general damages claim, she argues Sedgwick’s lien However, Barro does not identify any of the actual costs that Sedgwick should not recover.  

Barro also claims she is entitled to the entire $300,000 because she incurred $113,074.69 for past medical expenses, needs $25,249 for future medical expenses, and should receive $161,676.31 for her general damages claim for pain and suffering . .  

Sedgwick’s claim for reimbursement is sound.  Under workers' compensation law, the employer's or insurer's right to reimbursement from any proceeds received from the third party ¿(Gapusan ¿(1998) 66 Cal.App.4th 734, 741; Lab. Code, § 3850 et seq.) “A judgment, just as a settlement, may be insufficient to reimburse the employer and compensate the employee for pain and suffering or¿other damages not fully covered by workers' compensation. Yet, after the payment of attorney fees and other costs, the employer is entitled to reimbursement from the entire amount of the judgment. (California Insurance Guarantee Assn. v. Workers' Comp. Appeals Bd.¿(2003) 112 Cal.App.4th 358, 368 [citing Gapusansupra, 66 Cal.App.4th at p. 741].)

Also, Barro’s the Declaration of Kelsey Mezzanatto initiating its own action, propounding and responding to discovery, stipulating to consolidation, and attending the sole deposition (Labor Code § 3856, subd. (c).)  This evidence

Sedgwick’s Motion is GRANTED arty settlement in the amount of $102,356.11.  The issue of any credit is reserved for the WCAB.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

19th November 20

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC627077    Hearing Date: November 15, 2019    Dept: 4B

[TENTATIVE] ORDER RE: PEGGY EIKER AND ANNA MAE EIKER’S APPLICATION TO INTERPLEAD SETTLEMENT FUNDS

On August 2, 2014, plaintiff Yvonne Barro (“Plaintiff”) was working as a home healthcare aide assisting Anna Mae Eiker (“Anna Mae”) when Peggy Eiker’s (“Peggy”) dog jumped on Plaintiff, causing Plaintiff to fall and sustain injuries. Sedgwick Claims Management Services, Inc. (“Sedgwick”) was Plaintiff’s workers compensation carrier on that date. On July 25, 2016, Plaintiff filed this action against John Eiker and Peggy. Sedgwick filed a related action, Case BC629028, to seek compensation in subrogation for workers compensation benefits paid to Plaintiff.

Defendants Peggy and Anna Mae (collectively, “Defendants”) agreed to settle this matter with Barro for the policy limits of $300,000. A dispute arose between Barro and Sedgwick as to how those funds would be distributed. Defendants move to interplead and deposit $300,000 in settlement proceeds and be released from this action pursuant to Code of Civil Procedure section 386.5. The motion is unopposed.

Code of Civil Procedure section 386.5 states: “Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order.”

Defendants do not submit an affidavit stating that they are mere stakeholders of settlement funds and disavow any interest in the funds. Instead, Defendants submit the declaration of their attorney, James W. Gates, which is insufficient under section 386.5, which requires an affidavit of the defendant.

Defendants’ motion is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative. The Court will be dark on November 15, 2019. A party requesting argument should contact Department 4B for an alternative hearing date.

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