****0702
05/09/2017
Pending - Other Pending
Personal Injury - Motor Vehicle
Los Angeles, California
STEPHEN I. GOORVITCH
DOES 1 TO 50
VILLALPANDO CHRISTIAN
HERNANDEZ RIGOBERTO
NOPAL BRYAN HERNANDEZ
CADENA MEGAN ESQ.
GHERMEZIAN RAYMOND ESQ.
10/23/2018: Minute Order
11/1/2018: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)
3/26/2019: Minute Order
3/27/2019: Notice of Ruling
4/9/2019: Minute Order
4/10/2019: Stipulation
4/15/2019: Notice of Ruling
4/23/2019: Order
12/20/2017: Unknown
12/20/2017: DEMAND FOR JURY
12/20/2017: ANSWER TO COMPLAINT
11/14/2017: PROOF OF SERVICE SUMMONS
10/12/2017: Notice of Change of Address or Other Contact Information
5/9/2017: COMPLAINT FOR DAMAGES 1. MOTOR VEHICLE NEGLIGENCE 2. NEGLIGENT ENTRUSTMENT
5/9/2017: Unknown
5/9/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
5/22/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
6/26/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE
Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial (/ Final Status Conference) - Not Held - Vacated by Court
[-] Read LessDocketOrder (TO SUBMIT MATTER TO BINDING ARBITRATION); Filed by Christian Villalpando (Defendant)
[-] Read LessDocketNotice of Ruling; Filed by Christian Villalpando (Defendant)
[-] Read LessDocketStipulation - No Order (STIPULATION FOR BINDING ARBITRATION); Filed by Christian Villalpando (Defendant)
[-] Read LessDocketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial (/ Final Status Conference) - Not Held - Continued - Party's Motion
[-] Read LessDocketMinute Order ( (Jury Trial / Final Status Conference)); Filed by Clerk
[-] Read LessDocketNotice of Ruling; Filed by Christian Villalpando (Defendant)
[-] Read LessDocketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
[-] Read LessDocketMinute Order ( (Final Status Conference)); Filed by Clerk
[-] Read LessDocketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL
[-] Read LessDocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
[-] Read LessDocketApplication ; Filed by Plaintiff/Petitioner
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE
[-] Read LessDocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
[-] Read LessDocketCOMPLAINT FOR DAMAGES 1. MOTOR VEHICLE NEGLIGENCE 2. NEGLIGENT ENTRUSTMENT
[-] Read LessDocketComplaint; Filed by null
[-] Read LessDocketApplication ; Filed by Plaintiff/Petitioner
[-] Read LessDocketORDER ON COURT FEE WAIVER
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
[-] Read LessCase Number: ****0702 Hearing Date: March 02, 2020 Dept: 32
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BRYAN HERNANDEZ NOPAL,
Plaintiffs, v.
CHRISTIAN VILLALPANDo,
Defendants.
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Case No.: ****0702
Hearing Date: March 2, 2020
[TENTATIVE] order RE: OSC RE: Dismissal |
On April 23, 2019, the Court granted a stipulation to proceed to binding arbitration. The arbitration resulted in an award for Plaintiff of $34,395. Although Plaintiff is a minor, this Court has no jurisdiction to review the arbitrator’s award. Nevertheless, the Court retains jurisdiction over the award of attorney’s fees, which was not part of the arbitration, as well as the approval of expenses and costs.
The parties appeared before the Court on February 13, 2020. Plaintiff’s counsel represented, or the Court misunderstood, that the Plaintiff would turn eighteen in May 2020, based upon which the Court had stated that the money could remain in the attorney’s trust account until that time. However, the birth certificate states that Plaintiff will not turn eighteen until May 14, 2021. The Court will not approve counsel acting as custodian for the funds for that length of time.
The Court is not concerned by the requested fee. The Court would approve the requested attorney’s fees of 25%, since they are fair and reasonable under the circumstances, so counsel may list those requested fees.
However, Plaintiff’s counsel states that he will negotiate and pay the medical bills from the arbitration award. The Court needs to understand those expenses. The declaration lacks this information.
Finally, the Court would require that these funds be deposited into a blocked account. Therefore, the Court orders Plaintiff’s counsel to do the following:
1. Prepare a request on a form normally used as an expedited petition to approve compromise of a disputed action, which is Form MC-350EX. Although the Court will not disturb the arbitrator’s award, that form calls for all relevant information and will allow the Court to review and approve the deductions expeditiously.
2. On Line #14, list all of claimant’s medical expenses.
3. On Line #15(a), list the requested attorneys’ fees of 25%.
4. On Line #15(b), list all of counsel’s expenses.
5. On Line #20, please note that the funds will be deposited in a blocked account.
6. Counsel shall prepare a proposed order for the funds to be deposited into a blocked account.
The hearing on this OSC re: Dismissal is continued to March 24, 2020, at 1:30 p.m. The Court’s clerk shall provide notice.
DATED: February 28, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court