This case was last updated from Los Angeles County Superior Courts on 08/03/2020 at 18:10:04 (UTC).

AIMEE HERNANDEZ ET AL VS ANNETTE GREEN ET AL

Case Summary

On 10/05/2017 AIMEE HERNANDEZ filed a Personal Injury - Motor Vehicle lawsuit against ANNETTE GREEN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC D. GROSS, YOLANDA OROZCO, JON R. TAKASUGI and HOLLY E. KENDIG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8601

  • Filing Date:

    10/05/2017

  • Case Status:

    Disposed - Judgment Entered

  • 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

MARC D. GROSS

YOLANDA OROZCO

JON R. TAKASUGI

HOLLY E. KENDIG

 

Party Details

Plaintiffs, Defendants and Respondents

DE VASQUEZ DORA MORAN

VASQUEZ-MORAN CLAUDIA C.

Petitioners, Minors and Not Classified By Court

HERNANDEZ AIMEE

HERNANDEZ ISABELLA

VASQUEZ-MORAN CLAUDIA C.

CITY OF LOS ANGELES

Defendants, Respondents and Cross Defendants

LOS ANGELES UNIFIED SCHOOL DISTRICT

GREEN ANNETTE

DE VASQUEZ DORA MORAN

LOS ANGELES COUNTY OF

LOS ANGELES CITY OF

DOES 1 TO 50

CITY OF LOS ANGELES

COUNTY OF LOS ANGELES

Defendant, Cross Plaintiff and Not Classified By Court

CITY OF LOS ANGELES

Plaintiff, Guardian Ad Litem and Not Classified By Court

VASQUEZ-MORAN CLAUDIA C.

Attorney/Law Firm Details

Plaintiff, Minor and Not Classified By Court Attorneys

SHARONA ESLAMBOLY HAKIM LAW OFFICE OF

ESLAMBOLY-HAKIM SHARONA ANN

HAKIM SHARONA ESLAMBOLY ESQ.

Plaintiff and Petitioner Attorney

ESLAMBOLY-HAKIM SHARONA ANN

Defendant and Cross Plaintiff Attorneys

BREEDY-RICHARDSON WILBERTA ESQ.

QUIGLEY LANE ESQ.

BAIRAMIAN LARA. DEPUTY CITY ATTORNEY

DOHERTY JOHN ESQ.

BREEDY-RICHARDSON WILBERTA ELEANOR ESQ.

BAIRAMIAN LARA

BELOFSKY DAVID ARTHUR

 

Court Documents

Notice of Change of Firm Name

3/30/2020: Notice of Change of Firm Name

Minute Order - MINUTE ORDER (COURT ORDER)

3/10/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Judgment - JUDGMENT [PROPOSED]

3/10/2020: Judgment - JUDGMENT [PROPOSED]

Declaration - IN SUPPORT OF MOTION TO STRIKE

10/11/2018: Declaration - IN SUPPORT OF MOTION TO STRIKE

Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

2/11/2020: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

Notice of Ruling

2/13/2020: Notice of Ruling

Motion for Determination of Good Faith Settlement (CCP 877.6)

2/3/2020: Motion for Determination of Good Faith Settlement (CCP 877.6)

Objection - OBJECTION DEFENDANT CITY OF LOS ANGELES OBJECTIONS TO THE EVIDENCE ATTACHED TO THE DECLARATION OF NAREK POSTJIAN

2/7/2020: Objection - OBJECTION DEFENDANT CITY OF LOS ANGELES OBJECTIONS TO THE EVIDENCE ATTACHED TO THE DECLARATION OF NAREK POSTJIAN

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF LOS ANGELES' MOTION FOR SUMMARY JUDGMENT

1/30/2020: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF LOS ANGELES' MOTION FOR SUMMARY JUDGMENT

Notice - NOTICE OF CONTINUANCE OF DF CITY OF LOS ANGELES MOTION FOR SUMMARY JUDGMENT

12/2/2019: Notice - NOTICE OF CONTINUANCE OF DF CITY OF LOS ANGELES MOTION FOR SUMMARY JUDGMENT

Proof of Service (not Summons and Complaint)

11/1/2019: Proof of Service (not Summons and Complaint)

Request for Judicial Notice

4/25/2019: Request for Judicial Notice

Ex Parte Application - Ex Parte Application Ex Parte Application for an Order Continuing Plaintiffs' Deadline to File Their Fist Amended Complaint

2/11/2019: Ex Parte Application - Ex Parte Application Ex Parte Application for an Order Continuing Plaintiffs' Deadline to File Their Fist Amended Complaint

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/21/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

ANSWER TO COMPLAINT;DEMAND FOR JURY TRIAL

9/6/2018: ANSWER TO COMPLAINT;DEMAND FOR JURY TRIAL

PROOF OF SERVICE OF SUMMONS

8/17/2018: PROOF OF SERVICE OF SUMMONS

113 More Documents Available

 

Docket Entries

  • 04/02/2020
  • DocketNotice (of Entry of Judgment or Order); Filed by City of Los Angeles (Defendant)

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  • 04/02/2020
  • DocketNotice (Notice of Entry of Judgment or Order); Filed by City of Los Angeles (Defendant)

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  • 03/30/2020
  • DocketNotice of Change of Firm Name; Filed by Annette Green (Defendant)

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  • 03/17/2020
  • Docketat 08:30 AM in Department 31, Yolanda Orozco, Presiding; Order to Show Cause Re: (Submission of Judgment) - Not Held - Advanced and Vacated

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  • 03/16/2020
  • Docketat 09:30 AM in Department 31, Yolanda Orozco, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 03/10/2020
  • Docketat 2:40 PM in Department 31, Yolanda Orozco, Presiding; Court Order

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  • 03/10/2020
  • DocketJudgment; Filed by City of Los Angeles (Defendant)

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  • 03/10/2020
  • DocketCertificate of Mailing for ((Court Order) of 03/10/2020); Filed by Clerk

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  • 03/10/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 03/03/2020
  • Docketat 08:30 AM in Department 31, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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149 More Docket Entries
  • 07/24/2018
  • DocketAPPUCAT1ON AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 07/10/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 07/10/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 07/10/2018
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 07/10/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 07/10/2018
  • DocketAPPUCATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD UTEM CIVIL

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  • 05/14/2018
  • DocketReceipt-Depository; Filed by Claudia C. Vasquez-Moran (Plaintiff); Aimee Hernandez (Petitioner); Isabella Hernandez (Petitioner) et al.

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  • 05/14/2018
  • DocketCIVIL DEPOSIT

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  • 10/05/2017
  • DocketComplaint; Filed by Claudia C. Vasquez-Moran (Plaintiff); Aimee Hernandez (Petitioner); Isabella Hernandez (Petitioner) et al.

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  • 10/05/2017
  • DocketCOMPLAINT FOR DAMAGES FOR 1) NEGLIGENCE ;ETC

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Tentative Rulings

Case Number: BC678601    Hearing Date: February 13, 2020    Dept: 31

DETERMINATION OF GOOD FAITH SETTLEMENT.

Background

This case arises from an alleged incident where a car struck pedestrians at an intersection located next to an elementary school operated by Los Angeles Unified School District (“LAUSD”). Plaintiffs Aimee Hernandez and Isabelle Hernandez are students at the elementary school. Plaintiff Dora Moran de Vasquez is their grandmother who was walking them to school.

On October 6, 2017, Plaintiffs Aimee Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, Isabelle Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, and Dora Moran de Vasquez (“Plaintiffs”) filed the instant action against Defendants Annette Green (“Green”), the City of Los Angeles (“City”), the County of Los Angeles (“County”), LAUSD, and Does 1 to 50.

On September 4, 2018, the City filed a Cross-Complaint against Green, asserting causes of action for:

  1. Indemnification;

  2. Apportionment of Fault; and

  3. Declaratory Relief.

On September 24, 2018, Green filed a Cross-Complaint against the City, asserting the same causes of action.

On January 23, 2019, Plaintiffs dismissed County without prejudice.

On March 28, 2019, Plaintiffs filed the operative First Amended Complaint (“FAC”). The FAC asserts causes of action for:

  1. Negligence against Green;

  2. Statutory Liability/Dangerous Condition of Public Property against the City and LAUSD; and

  3. Negligent Infliction of Emotional Distress against Green, City, and LAUSD.

    On June 26, 2019, the Court sustained LAUSD’s demurrer to the FAC without leave to amend. Specifically, The Court sustained the demurrer as to the second (statutory liability/dangerous condition of public property) and third cause of action (negligent infliction of emotional distress) as to LAUSD without leave to amend.

    On August 28, 2019, the Court granted City’s motion to continue trial. Trial in this matter is now set for March 16, 2020.

    Defendant Green now moves the Court for determination of good faith settlement as to Plaintiffs in this action. City filed a notice of non-opposition to the motion. City and Green have each dismissed their cross-complaints against the other.

    Discussion

    Pursuant to California Rules of Court Rule 3.1382, “a motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading. The notice of motion or application for determination of good faith settlement must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed.” The notice of motion substantially complies with this requirement but omits the pleading affected by the settlement and the date it was filed. However, the Court does not find the omission fatal to the motion as the only operative pleading is the FAC and City has filed a notice of non-opposition.

    “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. § 877.6(c).)

    Here, the motion is unopposed. “When no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.” (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) There is no reason to require the Tech-Bilt factors in an unopposed application. (Ibid.) The application is supported by the declaration of Ronald S. Housman who attests to a brief background of the case and the negotiations between the parties. (Brehm Communities v. Sup. Ct. (2001) 88 Cal.App.4th 730, 736 (“[T]he determination whether the settlement was in good faith must be based on competent, admissible evidence.”).) Plaintiffs have agreed to accept $100,000 for Aimee Hernandez, $100,000 for Bora De Vasquez, and $55,000 for Isabella Hernandez in exchange for a dismissal of the action. (Housman Decl. ¶ 6.) At the time of the accident, Green had insurance liability limits of $100,000 per person and $300,000 per accident. (Housman Decl., ¶ 4, Exh. B.) She has no other assets beyond her insurance. (Housman Decl., ¶ 5, Exh. C.)

    The Court finds the settlement to have been made in good faith and the settlement amount is reasonable. Therefore, the unopposed motion is GRANTED.

    Moving party to give notice.