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

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff

HERRERA ANDRES

Defendants and Cross Defendants

LOS ANGELES CITY OF

LOS ANGELES COUNTY OF

THE LANDING GRILL AND SUSHI BAR

SADRAIE HAMID R

GUY LINDA BERGQUIST

WESTLAKE VILLAGE CITY OF

DURISH WILLIAM

STATE OF CALIFORNIA

DELPHI DUNSIN

LANDING THE

Respondents and Defendants

THE LANDING GRILL AND SUSHI BAR

LANDING THE

Defendant, Cross Plaintiff and Cross Defendant

WESTLAKE VILLAGE CITY OF

10 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

KORO CHARLES E. ESQ.

Defendant Attorney

LOUREIRO KARL R. ESQ.

Other Attorneys

MCCALL MICHAEL T.

CODY MICHAEL

 

Court Documents

ANSWER OF CROSS-DEFENDANTS LINDA BERGQUIST GUY AND WILLIAM DURISH TO CROSS- COMPLAINT OF CITY OF WESTLAKE VILLAGE

2/5/2018: ANSWER OF CROSS-DEFENDANTS LINDA BERGQUIST GUY AND WILLIAM DURISH TO CROSS- COMPLAINT OF CITY OF WESTLAKE VILLAGE

REQUEST FOR DISMISSAL

2/20/2018: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

3/9/2018: REQUEST FOR DISMISSAL

PROOF OF SERVICE SUMMONS

3/16/2018: PROOF OF SERVICE SUMMONS

NOTICE OF TRIAL AND NOTICE TO APPEAR AT TIME OF TRIAL IN LIEU OF SERVICE OF SUBPOENA

4/2/2018: NOTICE OF TRIAL AND NOTICE TO APPEAR AT TIME OF TRIAL IN LIEU OF SERVICE OF SUBPOENA

Unknown

5/4/2018: Unknown

DUNSIN DELPHI, L.P.'S ANSWER TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

5/29/2018: DUNSIN DELPHI, L.P.'S ANSWER TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CIVIL

8/9/2018: DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CIVIL

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

8/9/2018: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

9/5/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

NOTICE OF CONTINUANCE OF NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

9/11/2018: NOTICE OF CONTINUANCE OF NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL ? CIVIL

9/12/2018: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL ? CIVIL

ORDER RE:MOTION TO BE RELIEVED AS COUNSEL;MOTION GRANTED

9/12/2018: ORDER RE:MOTION TO BE RELIEVED AS COUNSEL;MOTION GRANTED

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

NOTICE OF RULING ON THE COURT'S CONSENT FOR SUSAN HERRERA TO ACT AS GUARDIAN AD LITEM FOR PLAINTIFF ANDRES HERRERA; AND PROOF OF SERVICE OF EXECUTED APPLICATION AND ORDER ENTERED ON SEPTEMBER 5, 2018

9/25/2018: NOTICE OF RULING ON THE COURT'S CONSENT FOR SUSAN HERRERA TO ACT AS GUARDIAN AD LITEM FOR PLAINTIFF ANDRES HERRERA; AND PROOF OF SERVICE OF EXECUTED APPLICATION AND ORDER ENTERED ON SEPTEMBER 5, 2018

Stipulation and Order

2/15/2019: Stipulation and Order

Notice

3/7/2019: Notice

Declaration

5/14/2019: Declaration

40 More Documents Available

 

Docket Entries

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

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

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  • 05/21/2019
  • DocketNotice (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
  • DocketMotion for Summary Judgment; Filed by WESTLAKE VILLAGE, CITY OF (Legacy Party)

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

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

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

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

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  • 10/27/2017
  • DocketPROOF OF SERVICE SUMMONS

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

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  • 10/25/2017
  • DocketPROOF OF SERVICE SUMMONS

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

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

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  • 10/24/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/08/2017
  • DocketSUMMONS

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

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Tentative Rulings

Case Number: ****5284    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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