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This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 04:38:05 (UTC).

CARLOS AQUINO NEPOMUCENO ET AL VS HERTZ VEHICLES ET AL

Case Summary

On 07/11/2017 CARLOS AQUINO NEPOMUCENO filed a Personal Injury - Motor Vehicle lawsuit against HERTZ VEHICLES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8166

  • Filing Date:

    07/11/2017

  • 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

 

Party Details

Plaintiffs and Petitioners

CARLOS AQUINO NEPOMUCENO

AQUINO NANCY

CASIANO ALEXANDRA

AQUINO ALBERT

AQUINO JAQUELINA

CASIANO-DE PABLO MARIA DEL CARMEN

NEPOMUCENO CARLOS AQUINO

Defendants and Respondents

HERTZ VEHICLES

DOES 1 TO 50

RUMNEY SHANE EARL

VEHICLES HERTZ

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DAVIDSON LAURA LYNN ESQ.

SEDRISH LAURA FRANK

Defendant and Respondent Attorneys

WULTERIN SHAYNE L. ESQ.

WULTERIN SHAYNE LAWRENCE

 

Court Documents

Notice of Settlement

12/7/2018: Notice of Settlement

Minute Order

12/26/2018: Minute Order

Notice of Change of Firm Name

3/27/2019: Notice of Change of Firm Name

Notice of Change of Address or Other Contact Information

3/27/2019: Notice of Change of Address or Other Contact Information

ANSWER TO COMPLAINT

11/22/2017: ANSWER TO COMPLAINT

CIVIL DEPOSIT

11/22/2017: CIVIL DEPOSIT

DEMAND FOR JURY TRIAL

11/22/2017: DEMAND FOR JURY TRIAL

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

8/23/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

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

8/23/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

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

8/23/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

Unknown

10/19/2017: Unknown

PLAINTIFFS' NOTICE OF POSTING JURY FEES

10/19/2017: PLAINTIFFS' NOTICE OF POSTING JURY FEES

SUMMONS

7/11/2017: SUMMONS

COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE ;ETC

7/11/2017: COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE ;ETC

2 More Documents Available

 

Docket Entries

  • 03/27/2019
  • Notice of Change of Firm Name; Filed by Carlos Aquino Nepomuceno (Plaintiff)

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  • 03/27/2019
  • Notice of Change of Address or Other Contact Information; Filed by Carlos Aquino Nepomuceno (Plaintiff)

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  • 01/11/2019
  • at 08:30 AM in Department 4; Jury Trial - Not Held - Advanced and Vacated

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  • 12/26/2018
  • at 10:00 AM in Department 4; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 12/26/2018
  • Minute Order ((Final Status Conference)); Filed by Clerk

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  • 12/07/2018
  • Notice of Settlement (of Entire Case); Filed by Carlos Aquino Nepomuceno (Plaintiff)

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  • 11/22/2017
  • DEMAND FOR JURY TRIAL

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  • 11/22/2017
  • Answer; Filed by Hertz Vehicles (Defendant)

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  • 11/22/2017
  • ANSWER TO COMPLAINT

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  • 11/22/2017
  • Receipt; Filed by Hertz Vehicles (Defendant)

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10 More Docket Entries
  • 08/31/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 08/23/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 08/23/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 08/23/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 08/23/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 08/23/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 08/23/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 07/11/2017
  • Complaint; Filed by Carlos Aquino Nepomuceno (Plaintiff); Maria Del Carmen Casiano-De Pablo (Plaintiff); Alexandra Casiano (Plaintiff) et al.

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  • 07/11/2017
  • COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE ;ETC

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  • 07/11/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC668166    Hearing Date: December 14, 2020    Dept: 28

Petition to Approve Compromise of Disputed Claim

Having considered moving papers, the Court rules as follows. pposing papers have been filed.

BACKGROUND

On July 11, 2017, Plaintiffs Carlos Aquino-Nepomuceno, Maria Del Carmen Casiano-De Pablo, Alexandra Casiano, Jaquelina Aquino, Nancy Aquino, and Albert Aquino filed a complaint against Defendants Hertz Vehicles and Shane Earl Rumney.  The plaintiffs allege negligence, negligence per se, and statutory liability arising from an automobile collision that occurred on July 19, 2015.

On December 3, 2020, Petitioner Carlos Aquino-Nepomuceno filed a petition to approve a compromise of disputed claim for Claimant Jaquelina Aquino.

An Order to Show Cause Re: Dismissal is scheduled for June 3, 2021.

PARTYS REQUEST

Petitioner Carlos Aquino-Nepomuceno (“Petitioner”) asks the Court to approve a compromise of disputed claim for Claimant Jaquelina Aquino (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952, subdivision (a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Petitioner’s and Claimants attendance are not required due to Claimants age and the settlement amount.

DISCUSSION

The Court initially notes that the motion was filed seven court-days before the December 11, 2020 hearing in violation of California Code of Civil Procedure section 1005, subdivision (b).  The Court finds the hearing must be continued, unless the parties agree to the Court’s ruling on December 11, 2020.  If the parties are in agreeance, the ruling is as follows:

The Court finds the petition is properly granted.  The $35,000.00 settlement is reasonable considering Claimant’s injuries have resolved.  The requested $11,666.67 in attorney’s fees is reasonable considering over seventy-five attorney-hours were spent communicating with Petitioner, corresponding with opposing counsel, engaging in settlement discussions, investigating the accident, and engaging in initial discovery.  The requested $589.90 in costs are adequately explained.  $1,136.39 of the gross settlement is to be allocated for medical expenses.  The remaining $21,607.04 net settlement is to be deposited at Chase Bank located at 4114 Sepulveda Boulevard, Culver City, California 90230.  The net settlement is subject to withdrawal only upon the authorization of the Court.

CONCLUSION

Unless there is a stipulation to the short notice on this motion, the hearing on the petition is CONTINUED to December 17, 2020 at 8:30 a.m.

Petitioner is ordered to give notice of this ruling.

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.

Case Number: BC668166    Hearing Date: September 21, 2020    Dept: 28

Superior Court of California

County of Los Angeles

Spring Street, Department 28

CARLOS AQUINO-NEPOMUCENO, et al.,

Plaintiffs,

v.

HERTZ VEHICLES, et al.,

Defendants.

Case No.: BC668166

Hearing Date: NO HEARING

[TENTATIVE] RULING RE:

Expedited Petition to Approve Compromise of Disputed Claim for a Minor, Nancy Aquino, Age 13

Expedited Petition to Approve Compromise of Disputed Claim for a Minor, Albert Aquino, Age 9

Expedited Petition to Approve Compromise of Disputed Claim for a Minor, Jaquelina Aquino, Age 17

The Court finds the Expedited Petitions to Approve Compromises of Pending Action of Minors Nancy Aquino, Age 13; Alberto Aquino, Age 9; and Jaquelina Aquino, Age 17, filed on June 25, 2020, must be denied.

The total settlement among all plaintiffs, including Claimants, is over $50,000.00. A global settlement that is over $50,000.00 must represent a policy limits of all liability insurance policies covering the defendants named pursuant to California Rules of Court, rule 7.950.5, subdivision (8)(A)-(B). Petitioner Carlos Aquino-Nepomuceno has not represented that the global settlement represents a policy limits in paragraph 3g(2) of the petitions.

Accordingly, the Expedited Petitions to Approve Minors’ Compromises filed on June 25, 2020 are DENIED.

Petitioner Carlos Aquino-Nepomuceno is ordered to give notice of this ruling.

Dated:

______________________________

Hon. Daniel M. Crowley

Judge of the Superior Court

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