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This case was last updated from Los Angeles County Superior Courts on 06/13/2019 at 04:39:48 (UTC).

ANDRES HERRERA VS LINDA BERGQUIST GUY ET AL

Case Summary

On 09/08/2017 ANDRES HERRERA filed a Personal Injury - Motor Vehicle lawsuit against LINDA BERGQUIST GUY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5284

  • Filing Date:

    09/08/2017

  • 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

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

HERRERA ANDRES

Defendants, Respondents, Cross Defendants and Cross Plaintiffs

LOS ANGELES CITY OF

LOS ANGELES COUNTY OF

THE LANDING

THE LANDING GRILL AND SUSHI BAR

SADRAIE HAMID R

GUY LINDA BERGQUIST

WESTLAKE VILLAGE CITY OF

DURISH WILLIAM

STATE OF CALIFORNIA

DOES 1 TO 100 INCLUSIVE

ROES 1 TO 50

DELPHI DUNSIN

LANDING THE

7 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

KORO CHARLES E. ESQ.

Defendant and Respondent Attorneys

CAMPBELL MATTHEW

CAMPA DENISSE LOPEZ

SCULLY THOMAS G.

HAITH SCOTT C.

LOUREIRO KARL R. ESQ.

Defendant and Cross Plaintiff Attorney

HAITH SCOTT C.

Other Attorneys

MCCALL MICHAEL T.

CODY MICHAEL

 

Court Documents

REQUEST FOR DISMISSAL

3/9/2018: REQUEST FOR DISMISSAL

NOTICE OF STATUS OF PLAINTIFF'S COUNSEL'S MOTION TO BE RELIEVED AS COUNSEL OF RECORD AND NOTICE OF CONTINUED REPRESENTATION OF PLAINTIFF ANDRES HERRERA BY AND THROUGH HIS GUARDIAN AD LITEM SUSAN HERRE

9/25/2018: NOTICE OF STATUS OF PLAINTIFF'S COUNSEL'S MOTION TO BE RELIEVED AS COUNSEL OF RECORD AND NOTICE OF CONTINUED REPRESENTATION OF PLAINTIFF ANDRES HERRERA BY AND THROUGH HIS GUARDIAN AD LITEM SUSAN HERRE

Request for Judicial Notice

5/14/2019: Request for Judicial Notice

Declaration

5/14/2019: Declaration

Request for Judicial Notice

5/14/2019: Request for Judicial Notice

Declaration

5/22/2019: Declaration

Association of Attorney

5/31/2019: Association of Attorney

REQUEST FOR DISMISSAL

2/2/2018: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

11/17/2017: REQUEST FOR DISMISSAL

ANSWER TO COMPLAINT BY DEFENDANT STATE OF CALIFORNIA

11/22/2017: ANSWER TO COMPLAINT BY DEFENDANT STATE OF CALIFORNIA

SUMMONS CROSS-COMPLAINT

11/27/2017: SUMMONS CROSS-COMPLAINT

ANSWER OF DEFENDANTS LINDA BERGQUIST GUY AND WILLIAM DURISH TO PLAINTIFF'S COMPLAINT FOR DAMAGES

11/27/2017: ANSWER OF DEFENDANTS LINDA BERGQUIST GUY AND WILLIAM DURISH TO PLAINTIFF'S COMPLAINT FOR DAMAGES

Answer

11/30/2017: Answer

Unknown

12/19/2017: Unknown

PLAINTIFF?S NOTICE OF ADVANCING JURY FEES WITH THE CLERK OF THE SUPERIOR COURT

12/19/2017: PLAINTIFF?S NOTICE OF ADVANCING JURY FEES WITH THE CLERK OF THE SUPERIOR COURT

REQUEST FOR DISMISSAL

12/26/2017: REQUEST FOR DISMISSAL

AMENDMENT TO COMPLAINT

1/19/2018: AMENDMENT TO COMPLAINT

PROOF OF SERVICE SUMMONS

10/27/2017: PROOF OF SERVICE SUMMONS

40 More Documents Available

 

Docket Entries

  • 05/31/2019
  • Association of Attorney; Filed by LINDA BERGQUIST GUY (Legacy Party); WILLIAM DURISH (Legacy Party)

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  • 05/22/2019
  • Declaration (of David Royer in support of City's Motion for Summary Judgment); Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/22/2019
  • Separate Statement; Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/21/2019
  • Notice (of Errata re Declaration of Mark Wessel in support of Motion for Summary Judgment); Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/14/2019
  • Motion for Summary Judgment; Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/14/2019
  • Motion for Summary Judgment; Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/14/2019
  • Declaration (of Scott C. Haith in support of Motion for Summary Judgment); Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/14/2019
  • Separate Statement; Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/14/2019
  • Declaration (of Mark Wessel in support of Motion for Summary Judgment); Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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  • 05/14/2019
  • Request for Judicial Notice; Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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80 More Docket Entries
  • 10/31/2017
  • Proof-Service/Summons; Filed by ANDRES HERRERA (Plaintiff)

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  • 10/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 10/27/2017
  • Proof-Service/Summons; Filed by ANDRES HERRERA (Plaintiff)

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  • 10/25/2017
  • PROOF OF SERVICE SUMMONS

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  • 10/25/2017
  • Proof-Service/Summons; Filed by ANDRES HERRERA (Plaintiff)

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  • 10/24/2017
  • Proof-Service/Summons; Filed by ANDRES HERRERA (Plaintiff)

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  • 10/24/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/08/2017
  • SUMMONS

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  • 09/08/2017
  • COMPLAINT FOR DAMAGES AND REQUEST FOR JURY TRIAL [GOVERNMENT CODE SECTIONS 815.2, 815.4, 815.6, 818.6, 820, 820.8, 821.4, 830, 8.30.6, 830.8, 835, 835.2, 840.2 AND 840.4] 1. NEGLIGENCE MOTOR VEHICLE; ETC

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  • 09/08/2017
  • Complaint; Filed by ANDRES HERRERA (Plaintiff)

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Tentative Rulings

Case Number: BC675284    Hearing Date: February 19, 2021    Dept: 27

Petition to Confirm Minor's Compromise(tentative ruling)

Andres Herreradisabled adulthas agreed to settle his claims against Defendants Linda Bergquist Guy, William Durish, City of Westlake Village, and Dunsin $723,502/64.  $124,932.30 $180,140.14 $36,428.17 341,500.61to be disbursed to Herrera for deposit into a Vanguard Brokerage wire account in Herrera’s name.  Although a conservatorship was previously contemplated, the conservatorship hearing has been taken off calendar after court-appointed counsel and board-certified psychiatrist David Trader, M.D. evaluated Herrera and determined to be a competent adult.  

Court approval is required for all settlements of a minor’s claim.  (Probate Code §3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable. However, the application does not attach evidence of the Anthem Blue Cross and Blue Shield’s liens and associated negotiated reductions. 

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Per California Rules of Court, Rule 7.952, Herrera .

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.  

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