This case was last updated from Los Angeles County Superior Courts on 06/27/2019 at 05:31:35 (UTC).

DALEYZA CONTRERAS CASTILLO VS LAS DELICIAS DEL MAR ET AL

Case Summary

On 02/09/2018 a Personal Injury - Other Personal Injury case was filed by DALEYZA CONTRERAS CASTILLO against LAS DELICIAS DEL MAR in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3588

  • Filing Date:

    02/09/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

DENNIS J. LANDIN

 

Party Details

Defendants and Respondents

Z&Z COMMERCIAL PARTNERS LLC

CHAVEZ JESUS

MONTALVO PAULINA

DOES 1 TO 25

LAS DELICIAS DEL MAR

Minor

CASTILLO DALEYZA CONTRERAS

 

Court Documents

SECOND AMENDED COMPLAINT

5/14/2018: SECOND AMENDED COMPLAINT

DEFENDANT PAULINA MONTALVO'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

6/1/2018: DEFENDANT PAULINA MONTALVO'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

NOTICE OF ERRATA TO CROSS-COMPLAINT OF Z & Z COMMERCIAL PARTNERS, LLC FOR EXPRESS INDEMNITY, IMPLIED INDEMNITY, CONTRIBUTION, DECLARATORY RELIEF, AND EQUITABLE APPORTIONMENT OF FAULT

6/14/2018: NOTICE OF ERRATA TO CROSS-COMPLAINT OF Z & Z COMMERCIAL PARTNERS, LLC FOR EXPRESS INDEMNITY, IMPLIED INDEMNITY, CONTRIBUTION, DECLARATORY RELIEF, AND EQUITABLE APPORTIONMENT OF FAULT

CROSS-COMPLAINT OF SAMUEL CHAVEZ DBA LAS DELICIAS DEL MAR FOR: 1. IMPLIED INDEMNITY; ETC.

6/29/2018: CROSS-COMPLAINT OF SAMUEL CHAVEZ DBA LAS DELICIAS DEL MAR FOR: 1. IMPLIED INDEMNITY; ETC.

ANSWER TO SECOND AMENDED COMPLAINT

6/29/2018: ANSWER TO SECOND AMENDED COMPLAINT

AMENDMENT TO COMPLAINT

7/5/2018: AMENDMENT TO COMPLAINT

PROOF OF SERVICE OF SUMMONS

8/22/2018: PROOF OF SERVICE OF SUMMONS

ANSWER OF CROSS-DEFENDANT, SAMUEL CHAVEZ DBA LAS DELICIAS DE MAR, TO CROSS-COMPLAINT OF Z&Z COMMERCIAL PARTNERS, LLC

9/21/2018: ANSWER OF CROSS-DEFENDANT, SAMUEL CHAVEZ DBA LAS DELICIAS DE MAR, TO CROSS-COMPLAINT OF Z&Z COMMERCIAL PARTNERS, LLC

Motion for Summary Judgment

10/25/2018: Motion for Summary Judgment

Notice of Lodging

10/25/2018: Notice of Lodging

Request for Judicial Notice

10/25/2018: Request for Judicial Notice

Notice of Settlement

12/21/2018: Notice of Settlement

NOTICE AND ACKNOWLEDGMENT OF RECEIPT- CIVIL

4/18/2018: NOTICE AND ACKNOWLEDGMENT OF RECEIPT- CIVIL

FIRST AMENDED COMPLAINT 1. ASSAULT AND BATFERY; ETC

3/12/2018: FIRST AMENDED COMPLAINT 1. ASSAULT AND BATFERY; ETC

APPUCATION AND ORDER FOR APPOINTWENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

2/28/2018: APPUCATION AND ORDER FOR APPOINTWENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

PROOF OF SERVICE SUMMONS

3/5/2018: PROOF OF SERVICE SUMMONS

SUMMONS

3/6/2018: SUMMONS

COMPLAINT 1. ASSAULT AND BATTERY ;ETC

2/9/2018: COMPLAINT 1. ASSAULT AND BATTERY ;ETC

19 More Documents Available

 

Docket Entries

  • 05/01/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Summary Judgment (by Z&Z Commercial Partners LLC) - Not Held - Taken Off Calendar by Party

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  • 12/21/2018
  • Notice of Settlement of Entire Case; Filed by Daleyza Contreras Castillo (Legacy Party)

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  • 10/26/2018
  • Defendant/Cross-Complainant/Cross-Defendant, Z & Z Commercial Partners, LLC's, Second Notice of Lodging Electronic Exhibit in Support of Motion for Summary Judgment; Filed by Z&Z Commercial Partners LLC (Defendant)

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  • 10/25/2018
  • Request for Judicial Notice (in support of Z&Z Commercial Partners LLC's motion for summary judgment); Filed by Z&Z Commercial Partners LLC (Defendant)

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  • 10/25/2018
  • Motion for Summary Judgment (by Z&Z Commercial Partners LLC); Filed by Z&Z Commercial Partners LLC (Defendant)

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  • 10/25/2018
  • Separate Statement (in support of motion for summary judgment by Z&Z Commercial Partners LLC); Filed by Z&Z Commercial Partners LLC (Defendant)

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  • 10/25/2018
  • Notice of Lodging (exhibits in support of motion for summary judgment by Z&Z Commercial Partners LLC's); Filed by Z&Z Commercial Partners LLC (Defendant)

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  • 09/21/2018
  • ANSWER OF CROSS-DEFENDANT, SAMUEL CHAVEZ DBA LAS DELICIAS DE MAR, TO CROSS-COMPLAINT OF Z&Z COMMERCIAL PARTNERS, LLC

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  • 08/22/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 08/22/2018
  • Proof of Service (not Summons and Complaint); Filed by Elizet Castillo (Legacy Party); Daleyza Contreras Castillo (Legacy Party)

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37 More Docket Entries
  • 02/28/2018
  • APPUCATION AND ORDER FOR APPOINTWENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 02/28/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 02/26/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/26/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/26/2018
  • Proof of Service (not Summons and Complaint); Filed by Elizet Castillo (Legacy Party); Daleyza Contreras Castillo (Legacy Party)

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  • 02/26/2018
  • Proof of Service (not Summons and Complaint); Filed by Elizet Castillo (Legacy Party); Daleyza Contreras Castillo (Legacy Party)

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  • 02/21/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/21/2018
  • Proof of Service (not Summons and Complaint); Filed by Elizet Castillo (Legacy Party); Daleyza Contreras Castillo (Legacy Party)

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  • 02/09/2018
  • Complaint; Filed by null

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  • 02/09/2018
  • COMPLAINT 1. ASSAULT AND BATTERY ;ETC

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Tentative Rulings

Case Number: BC693588    Hearing Date: October 28, 2019    Dept: 4A

Petition to Approve Minor’s Compromise of Pending Action

Having considered the moving papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

On February 9, 2018, Plaintiff Daleyza Contreras Castillo, by and through her guardian ad litem, Elizet Castillo, filed a complaint against Defendants Las Delicias Del Mar; Z & Z Commercial Partners LLC; Jesus Chavez; and Paulina Montalvo for (1) assault and battery, (2) negligence, (3) negligence (hiring, supervision and retention), and (4) wrongful death.  Plaintiff filed a First Amended Complaint on March 12, 2018 and a Second Amended Complaint (“SAC”) on March 14, 2018.

On June 11, 2018, Z & Z Commercial Partners, LLC filed a cross-complaint against Samuel Chavez dba Las Delicias Del Mar for express indemnity, implied indemnity, contribution, declaratory relief, and equitable apportionment of fault.

On June 29, 2018, Samuel Chavez dba Las Delicias Del Mar filed a cross-complaint against Z & Z Commercial Partners, LLC; Paulina Montalvo; and Magdaleno Contreras for implied indemnity, contribution, equitable apportionment of fault, declaratory relief, and breach of written agreement.

On December 21, 2018, Plaintiff filed a notice of settlement of entire case.

On October 2, 2019, Petitioner Elizet Castillo filed this petition to approve a compromise of pending action for minor Plaintiff Daleyza Contreras Castillo.

OSC re: Dismissal is set for January 28, 2020.

PARTY’S REQUESTS

Petitioner Elizet Castillo (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for minor Plaintiff Daleyza Contreras Castillo (“Claimant”).

LEGAL STANDARD

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

DISCUSSION

The Court has reviewed the petition and finds the settlement amount of $102,500 to be fair and reasonable.  The Court also finds the amount of attorney’s fees requested, which constitutes 25% of the gross settlement amount, to be reasonable.

Therefore, the petition is GRANTED.