On 05/09/2017 BRYAN HERNANDEZ NOPAL filed a Personal Injury - Motor Vehicle lawsuit against CHRISTIAN VILLALPANDO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
****0702
05/09/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
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
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: 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
8/8/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL
9/26/2017: SUMMONS
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial (/ Final Status Conference) - Not Held - Vacated by Court
Order (TO SUBMIT MATTER TO BINDING ARBITRATION); Filed by Christian Villalpando (Defendant)
Notice of Ruling; Filed by Christian Villalpando (Defendant)
Stipulation - No Order (STIPULATION FOR BINDING ARBITRATION); Filed by Christian Villalpando (Defendant)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial (/ Final Status Conference) - Not Held - Continued - Party's Motion
Minute Order ( (Jury Trial / Final Status Conference)); Filed by Clerk
Notice of Ruling; Filed by Christian Villalpando (Defendant)
at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
Minute Order ( (Final Status Conference)); Filed by Clerk
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL
NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
Application ; Filed by Plaintiff/Petitioner
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE
NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
COMPLAINT FOR DAMAGES 1. MOTOR VEHICLE NEGLIGENCE 2. NEGLIGENT ENTRUSTMENT
Complaint; Filed by null
Application ; Filed by Plaintiff/Petitioner
ORDER ON COURT FEE WAIVER
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
Case Number: BC660702 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.: BC660702
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