This case was last updated from Los Angeles County Superior Courts on 06/30/2019 at 00:43:10 (UTC).

BRIAN BAMONDI VS HO KYONG GUM

Case Summary

On 02/23/2018 BRIAN BAMONDI filed a Personal Injury - Motor Vehicle lawsuit against HO KYONG GUM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5829

  • Filing Date:

    02/23/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Guardian Ad Litem and Plaintiff

BAMONDI STEPHANIE

Defendants and Respondents

GUM HO KYONG

DREAM SEED LLC

Minor

BAMONDI BRIAN

Attorney/Law Firm Details

Plaintiff Attorney

MCCANN SHAWN JOSEPH ESQ.

Defendant Attorneys

MACKEY ROBERT THOMAS ESQ.

STAR LINDA ESQ.

Minor Attorney

MCCANN SHAWN J.

 

Court Documents

DEMAND FOR JURY AND NOTICE OF POSTING JURY FEES PURSUANT TO C.C.P.631

9/4/2018: DEMAND FOR JURY AND NOTICE OF POSTING JURY FEES PURSUANT TO C.C.P.631

CIVIL DEPOSIT

9/4/2018: CIVIL DEPOSIT

Amendment to Complaint (Fictitious/Incorrect Name)

10/19/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Request for Judicial Notice

12/12/2018: Request for Judicial Notice

Declaration

12/12/2018: Declaration

Declaration

12/12/2018: Declaration

Request for Judicial Notice

12/12/2018: Request for Judicial Notice

Informal Discovery Conference Form for Personal Injury Courts

1/23/2019: Informal Discovery Conference Form for Personal Injury Courts

Opposition

2/26/2019: Opposition

Opposition

2/26/2019: Opposition

Minute Order

2/27/2019: Minute Order

Reply

3/4/2019: Reply

Reply

3/4/2019: Reply

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

3/27/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE

3/27/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE

CIVIL DEPOSIT

4/19/2018: CIVIL DEPOSIT

DEMAND FOR JURY AND NOTICE OF POSTING JURY FEES PURSUANT TO C.C.P. ? 631

4/19/2018: DEMAND FOR JURY AND NOTICE OF POSTING JURY FEES PURSUANT TO C.C.P. ? 631

CIVIL DEPOSIT

2/23/2018: CIVIL DEPOSIT

19 More Documents Available

 

Docket Entries

  • 03/22/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Court

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  • 03/14/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Further Discovery Responses (Request for Production) - Held - Motion Denied

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  • 03/14/2019
  • PLAINTIFF?S NOTICE OF RULING RE: PLAINTIFF?S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE AND MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, HEARD MARCH 14, 2019; Filed by Brian Bamondi (Plaintiff); Stephanie Bamondi (Plaintiff)

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  • 03/14/2019
  • Minute Order ( (Hearing on Motion to Compel Further Discovery Responses Reque...)); Filed by Clerk

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  • 03/11/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Further Discovery Responses (Request for Production) - Held - Continued

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  • 03/11/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Further Discovery Responses (Form Interrogatories) - Held - Continued

    Read MoreRead Less
  • 03/11/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Court

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  • 03/11/2019
  • Minute Order ( (Hearing on Motion to Compel Further Discovery Responses Form ...)); Filed by Clerk

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  • 03/04/2019
  • Reply (Plaintiff's Reply to Defendant Gum's Opposition to Plaintiff's Motion to Compel Defendant Gum to Further Respond to FI, Set One); Filed by Brian Bamondi (Plaintiff); Stephanie Bamondi (Plaintiff)

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  • 03/04/2019
  • Reply (Plaintiff's Reply to Defendant Gum's Opposition to Plaintiff's Motion to Compel Defendant Gum to Further Respond to RFP, Set One); Filed by Brian Bamondi (Plaintiff); Stephanie Bamondi (Plaintiff)

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31 More Docket Entries
  • 04/19/2018
  • Answer; Filed by Ho Kyong Gum (Defendant)

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  • 04/19/2018
  • DEMAND FOR JURY AND NOTICE OF POSTING JURY FEES PURSUANT TO C.C.P. 631

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  • 04/19/2018
  • Demand for Jury Trial; Filed by Ho Kyong Gum (Defendant)

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  • 04/17/2018
  • Demand for Jury Trial; Filed by Defendant/Respondent

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  • 03/27/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE

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  • 03/27/2018
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/27/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 02/23/2018
  • Receipt; Filed by Brian Bamondi (Plaintiff)

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  • 02/23/2018
  • COMPLAINT FOR DAMAGES DEMAND FOR JVRY TRIAL

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  • 02/23/2018
  • CIVIL DEPOSIT

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Tentative Rulings

Case Number: BC695829    Hearing Date: February 22, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Brian Bamondi,

Plaintiff,

vs.

HO KYONG GUM, et al.,

Defendants.

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CASE NO.: BC699413

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE

Dept. 27

1:30 p.m.

February 22, 2021

Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) Brian Bamondi (“Claimant”), by and through his parent and guardian ad litem, Stephanie Bamondi (“Petitioner”) seeks to settle his claims against defendants Ho Kyong Gum and Dream Seed, LLC, as well as Farmers Insurance Exchange, Mid-Century Insurance Company, and Truck Insurance Exchange for the amount of $2,320,000.

If approved, $378,078.96 will be used to pay for medical expenses, $712,300 will be used to pay attorney’s fees, and $367,763.36 will be used to pay non-medical expenses, leaving a balance of $821.991.97 for Claimant. Petitioner proposes $716,756.97 in cash will be used to fund a special needs trust (“SNT”) and the remaining $104,245 used to purchase an annuity that would pay $6,409.94 a year into the SNT for the life of Claimant, The Court finds the settlement amount to be fair and reasonable, and the requested attorney’s fees fair and reasonable.

SNT

When a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612 (“SNT”), the terms of the proposed trust must be reviewed by the Probate Department. (L.A. County Sup. Ct. Rule 4.115(c).) The Probate Department has reviewed the proposed SNT and has made its recommendations.

As required by Probate Code section 3604(b), the Court makes the following findings: (1) the SNT beneficiary has a disability which substantially impairs the individual’s ability to provide for his own care or custody and constitutes a substantial handicap; (2) the SNT beneficiary is likely to have special needs that will not be met without the trust; and (3) the money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the SNT beneficiary’s special needs.

Trustee and Bond

The proposed Trustee is Janice Moen, but there is no indication in the briefing that Moen has agreed to act as trustee nor are there any details regarding her qualifications.

Also, bond must be required of a trustee unless they are a corporate fiduciary. (Cal. Rules of Court, Rule 7.903(c)(5); Prob. Code, § 2320.) Petitioner does not meet that requirement. A proper bond calculation would be $800,000, based on a bond calculation including the initial funding amount, anticipated annual income, and an additional statutory amount for “cost of recovery.” An alternative amount for a bond shall be supported by supplemental briefing by petitioner regarding a bond calculation.

Notice

When seeking approval of a SNT, service must be made upon three state agencies including the Department of Mental Health, Department of Developmental Services, and Department of Health Care Services. (Prob. Code, § 3611(c).) None of the proofs of service filed in connection with this petition includes notice to the state agencies. The hearing is continued to March 31, 2021 at 1:30 p.m. so that Petitioner may give proper notice to these entities and to the beneficiary.

Proposed Order

Once proper notice is given, the Court will order Petitioner to open a separate proceeding for the Trust by filing a certified copy of the settlement order establishing the Trust with the Probate court. (LASC Rule 4115(e)(1).) Petitioner will be ordered to submit a Notice of Commencement of Proceedings of Court Created Trust on LASC Form PRO 044 within 60 days. The Court will also then set an OSC re filing of bond and a Notice of Commencement of Trust Action within 60 days.

These instructions shall be included in a proposed order at Attachment 12.

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.

Dated this 22nd day of February 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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