This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 03:21:18 (UTC).

CHANCE ARMSTRONG ET AL VS GMRI INC ET AL

Case Summary

On 03/30/2017 CHANCE ARMSTRONG filed a Personal Injury - Other Personal Injury lawsuit against GMRI INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5956

  • Filing Date:

    03/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

CALHOUN TANESHIA

Defendants

OLIVE GARDEN HOLDINGS LLC

N & D RESTAURANTS LLC [DOE 1]

GMRI INC. DBA OLIVE GARDEN HOLDINGS LLC

Attorney/Law Firm Details

Plaintiff Attorney

TOFER OMID

Defendant Attorney

LENKOV JEFFREY MYLES ESQ.

 

Court Documents

REQUEST FOR DISMISSAL

9/21/2017: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

9/21/2017: REQUEST FOR DISMISSAL

AMENDMENT TO COMPLAINT

9/19/2017: AMENDMENT TO COMPLAINT

STIPULATION RE: DISMISSAL OF CMRI, INC. DBA OLIVE GARDEN HOLDINGS, LLC AND OLIVE GARDEN HOLDINGS, LLC WITHOUT PREJUDICE

9/19/2017: STIPULATION RE: DISMISSAL OF CMRI, INC. DBA OLIVE GARDEN HOLDINGS, LLC AND OLIVE GARDEN HOLDINGS, LLC WITHOUT PREJUDICE

ANSWER TO UNVERIFIED COMPLAINT; DEMAND FOR JURY TRIAL

8/14/2017: ANSWER TO UNVERIFIED COMPLAINT; DEMAND FOR JURY TRIAL

PROOF OF SERVICE SUMMONS

7/31/2017: PROOF OF SERVICE SUMMONS

SUMMONS

5/8/2017: SUMMONS

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

4/4/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

COMPLAINT FOR: 1. NEGLIGENCE ;ETC

3/30/2017: COMPLAINT FOR: 1. NEGLIGENCE ;ETC

Notice of Ruling

2/26/2019: Notice of Ruling

Minute Order

2/15/2019: Minute Order

Ex Parte Application

2/14/2019: Ex Parte Application

Notice

11/9/2018: Notice

NOTICE OF ASSOCIATION OF COUNSEL

10/3/2018: NOTICE OF ASSOCIATION OF COUNSEL

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

7/31/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

3 More Documents Available

 

Docket Entries

  • 04/02/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 03/11/2019
  • Docketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 02/26/2019
  • DocketNotice of Ruling; Filed by N & D RESTAURANTS, LLC [Doe 1] (Defendant)

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  • 02/15/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (to continue trial and discovery cutoff) - Held - Motion Granted

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  • 02/15/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application to continue trial and discove...)); Filed by Clerk

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  • 02/14/2019
  • DocketEx Parte Application (Unopposed Ex Parte Application to continue trial an discovery cutoff); Filed by N & D RESTAURANTS, LLC [Doe 1] (Defendant)

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  • 11/09/2018
  • DocketNotice (Of Disassociation); Filed by Chance Armstrong (Plaintiff)

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  • 10/03/2018
  • DocketAssociation of Attorney; Filed by Omid Tofer (Attorney)

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  • 10/03/2018
  • DocketNOTICE OF ASSOCIATION OF COUNSEL

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  • 07/31/2018
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Defendant/Respondent

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13 More Docket Entries
  • 07/31/2017
  • DocketProof-Service/Summons; Filed by Taneshia Calhoun (Plaintiff); Chance Armstrong (Plaintiff)

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  • 07/31/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/08/2017
  • DocketSUMMONS

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  • 05/08/2017
  • DocketSummons Issued; Filed by Clerk

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  • 05/08/2017
  • DocketSummons; Filed by Clerk

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  • 04/24/2017
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 04/04/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 04/04/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/30/2017
  • DocketCOMPLAINT FOR: 1. NEGLIGENCE ;ETC

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  • 03/30/2017
  • DocketComplaint; Filed by null

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Tentative Rulings

Case Number: ****5956    Hearing Date: September 10, 2020    Dept: 29

Armstrong et al v. GMRI Inc. et al.

The Court excuses the personal appearance of the Claimant Chance Armstrong. Counsel and the petitioner and guardian ad litem Taneshia Calhoun may appear at the time of the hearing by telephone or teleconference video.

The court has reviewed the original Petition to Approve Compromise of Pending Action of a Minor (Chance Armstrong, Age 6) filed on 01/15/2020 and the Declaration of Michael Greenslade in Support of Minor’s Compromise, filed on 09/08/2020.

The court declines to permit reimbursement of $385.00 incurred for “investigation,” which counsel explains is a “flat fee” cost charged by prior counsel for “administrative fees” to cover copies, faxes, postage and “general file maintenance.” These costs are properly considered overhead and the cost of doing business rather than a cost. Zynga Game Network Inc. v. Erkan (N.D. Cal., Aug. 31, 2010, No. 09-3264 SC) 2010 WL 3463630, at *2.

Counsel seeks reimbursement of $8,871.89 advanced to Plaintiff’s parent for “post-accident care.” The advance is not substantiated by any documentary evidence. While the court appreciates that the minor requires focused care to address his special needs, without any documentary evidence, the court cannot determine whether the amounts advanced were legitimate and reasonably incurred.

Accordingly, the court denies the request for costs totaling $9,256.89 that were not substantiated as follows:

Investigation fee (flat fee for overhead “general file maintenance” incurred by prior counsel)

385.00

Firm advance to mother to pay for post-accident care

8,871.89

Total

$9,256.89

The Court permits reimbursement of the following costs.

Medical records

544.70

Service fee

435.00

Filing fee

435.00

Transportation fee

522.71

Independent Medical Examination

1,000.00

Substitution of Attorney

6.75

Videographer for deposition

85.00

Defense Medical Examination

2,400.00

Deposition fee

1691.65

Notice of Settlement Filing fee

6.75

Court Reporter

994.50

Total

$8,122.06

The  Court approves the following distribution:

Attorney’s fees (25%)

$37,000.00

Medical expenses

2,871.05

Costs (reduced)

8,122.06

Total fees and costs

$47,993.11

Total Settlement

$148,000.00

Less credits

-47,993.11

Net Settlement

$100,006.89

Counsel is ordered to provide a proposed order that reflects the foregoing distribution with a new annuity schedule attached.

THE COURT SETS AN OSC RE PROOF OF FUNDING OF ANNUITY on 01/08/2021 [120 days] at 8:30 AM. . The Order to Show Cause Re: Dismissal (Settlement) is continued to 01/08/2021.  If Proof of Funding of Annuity and Request for Dismissal as to the entire action are filed and entered, no appearance is necessary.

Moving party is ordered to give notice.



Case Number: ****5956    Hearing Date: August 13, 2020    Dept: 29

ARMSTRONG et al. v. GMRI Inc. et al.

The hearing on the Petition to Confirm Minor’s Compromise filed by Petitioner and Guardian Ad Litem Taneisha Calhoun is continued to 09/10/2020 at 1:30 p.m.  The Order to Show Cause Re:  Dismissal set for 08/13/2020 is also continued to 09/10/2020 at 1:30 p.m. in Department 29.

The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor (Chance Armstrong, Age 6). The Court declines to approve the petition since it is incomplete.

This matter was originally set to be heard on 02/10/2020. At that time, the Court described the defects in the petition and ordered counsel to provide additional documents to substantiate certain claims. Since that time the hearing was twice continued because of the COVID-19 pandemic. The Court’s file does not reflect that counsel submitted additional documents in support of the petition. Accordingly, the hearing is again continued to provide counsel with an opportunity to provide the additional documentation.

Counsel is required to submit a declaration that addresses the relevant factors in support of the fee request as set forth in Cal Rules of Court, Rule 7.955(b), (c). With respect to the costs incurred, Counsel is ordered to provide documentary evidence such as invoices or receipts to substantiate the following costs:

• Investigation fees of $385.00.

• Service fee of $435.00. This amount is identical to the filing fee for the complaint. Counsel should explain by declaration what service was provided for this expense and provide an invoice.

• Costs for “defense medical examinations” and “independent medical examinations” are paid by the defendant. Counsel should explain if these examinations were requested pursuant to Cal Code Civil Procedure ; 2032.010 or for some other reason and why Plaintiff is bearing the cost.

• Counsel should substantiate “post-accident care” advanced to mother.

The above described documents shall be filed by 09/01/2020.

Moving party to give notice.



Case Number: ****5956    Hearing Date: March 19, 2020    Dept: 29

Armstrong v. GMRI Inc. et al. ****5956

Hearing on Petition to Confirm Minor’s Compromise Filed by Petitioner and Guardian ad Litem, Taneshia Calhoun, to Approve Compromise of Pending Action as to Minor Claimant Change Armstrong  is  CONTINUED to 05/06/2020 at 1:30 p.m.

The Order to Show Cause Re:  Dismissal set for 04/10/2020 is advanced and CONTINUED to 05/06/2020 at 1:30 p.m.

Based on current conditions, including, but not limited to, the spread of COVID-19, the need for social distancing, and a state of emergency having been declared by Governor Newsom, the court finds good cause to continue the hearing.

The Court is ordered to give notice.



Case Number: ****5956    Hearing Date: February 10, 2020    Dept: 29

Armstrong, et al. v. GMRI, Inc.

ADMONISHMENT TO COUNSEL REGARDING FILING OF DOCUMENTS

Pursuant to the First Amended General Order filed on 5/3/19 regarding mandatory electronic filing, electronic documents must be bookmarked within the document pursuant to California Rules of Court, rule 3.1110(f)(4). Electronic bookmarks must include links to the first page of each bookmarked item (e.g. exhibits, declarations, deposition excerpts) and with bookmark titles that identify the book-marked item. The item must be briefly described.

Attachments to primary documents must also be bookmarked. Examples include, but are not limited to the following: depositions, declarations, exhibits, transcripts, medical records, and points and authorities. Use of hyperlinks within documents, including attachments and exhibits is strongly encouraged.

Regardless of the time of electronic filing, a printed courtesy copy (along with proof of electronic submission) is required for pleadings and motions including attachments of 26 pages or more, pleadings and motions that include points and authorities, demurrers, motions for summary judgment/adjudication, and motions to compel further discovery, among other documents. Amended General Order, ¶ 9.

Counsel is admonished to comply with the First Amended General Order and Cal Rules of Court 3.110(f)(4) for all future electronically filed documents.

TENTATIVE RULING

The hearing on the Petition to Approve Compromise of Pending Action of a Minor (Chance Armstrong, Age 6) is CONTINUED to 3/19/2020 at 1:30 p.m. The papers filed in support of the petition are incomplete.

Counsel is required to submit a declaration that addresses the relevant factors in support of the fee request as set forth in Cal Rules of Court, Rule 7.955(b), (c).

With respect to the costs incurred, Counsel is ordered to provide documentary evidence such as invoices or receipts to substantiate the following costs:

• Investigation fees of $385.00.

• Service fee of 435.00. This amount is identical to the filing fee for the complaint. Counsel should explain by declaration what service was provided for this expense and provide an invoice.

• Costs for “defense medical examinations” and “independent medical examinations” are paid by the defendant. Counsel should explain if these examinations were requested pursuant to Cal Code Civil Procedure ; 2032.010 or for some other reason and why Plaintiff is bearing the cost.

• Counsel should substantiate “post-accident care” advanced to mother.

The above described documents shall be filed by 2/2/2020.

Moving party to give notice.



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