This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 14:13:41 (UTC).

EM VS VISTA DEL MAR CHILD AND FAMILY SERVICES ET AL

Case Summary

On 06/28/2017 EM filed a Civil Right - Other Civil Right lawsuit against VISTA DEL MAR CHILD AND FAMILY SERVICES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC MARMARO and DAVID S. CUNNINGHAM III. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6709

  • Filing Date:

    06/28/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARC MARMARO

DAVID S. CUNNINGHAM III

 

Party Details

Defendants

VISTA DEL MAR CHILD AND FAMILY SERVICES

LOS ANGELES UNIFIED SCHOOL DISTRICT

WEBB KELLEY

BROYLD RUTH

BARTNOF EDIE

WATTS DIDI

Guardian Ad Litem

CARTER NIKA

Attorney/Law Firm Details

Respondent and Defendant Attorneys

LOWARY MARK E. ESQ.

OLSON SONALI ESQ.

BERMAN BERMAN BERMAN SCHNEIDER ET AL. LLP

NORTON & MELNIK APC

NORTON GEOFFREY PAUL

LOWARY MARK ERIC

OLSON SONALI

SEBASTIAN KRYSTA MONET ESQ.

Minor Attorneys

PANNELL JONATHAN M. ESQ.

JONATHAN M. PENNELL LAW OFFICE OF

KEVIN S. CONLOGUE LAW OFFICE OF

Other Attorneys

CONLOGUE KEVIN S.

PENNELL JONATHAN M.

PENNELL JONATHAN M. ESQ.

CONLOGUE KEVIN S. ESQ.

 

Court Documents

DEFENDANT LOS ANGELES UNIFIED SCHOOL DISTRICT'S REPLY TO PLAINTIFF'S OMNIBUS OPPOSITION TO DEFENDANT'S DEMURRER AND MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT

2/14/2018: DEFENDANT LOS ANGELES UNIFIED SCHOOL DISTRICT'S REPLY TO PLAINTIFF'S OMNIBUS OPPOSITION TO DEFENDANT'S DEMURRER AND MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT

LOS ANGELES UNIFIED SCHOOL DISTRICT'S NOTICE OF SETTLEMENT AND APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARYAM DANISHWAR; (PROPOSEDJ

9/21/2018: LOS ANGELES UNIFIED SCHOOL DISTRICT'S NOTICE OF SETTLEMENT AND APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARYAM DANISHWAR; (PROPOSEDJ

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

10/16/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Other -

10/16/2018: Other -

Order

10/23/2018: Order

Request for Judicial Notice

11/6/2018: Request for Judicial Notice

Opposition

11/6/2018: Opposition

Proof of Service (not Summons and Complaint)

11/14/2018: Proof of Service (not Summons and Complaint)

Reply

11/15/2018: Reply

Reply

11/15/2018: Reply

Objection

11/15/2018: Objection

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

11/21/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Notice of Ruling

11/21/2018: Notice of Ruling

Notice of Change of Address or Other Contact Information

11/21/2018: Notice of Change of Address or Other Contact Information

Other -

11/21/2018: Other -

Minute Order

11/21/2018: Minute Order

Motion in Limine

11/27/2018: Motion in Limine

Motion in Limine

11/27/2018: Motion in Limine

109 More Documents Available

 

Docket Entries

  • 05/06/2019
  • Docketat 1:30 PM in Department 37; Court Order

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  • 05/06/2019
  • DocketCertificate of Mailing for (Minute Order (In Chambers Court Order) of 05/06/2019); Filed by Clerk

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  • 05/06/2019
  • DocketMinute Order ( (In Chambers Court Order)); Filed by Clerk

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  • 04/19/2019
  • Docketat 08:36 AM in Department 37; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court

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  • 01/22/2019
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 01/22/2019
  • DocketCertificate of Mailing for ([Notice of Case Reassignment and Order for Plaintiff to Give Notice]); Filed by Clerk

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  • 01/08/2019
  • Docketat 10:00 AM in Department 37; Jury Trial - Not Held - Clerical Error

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  • 01/08/2019
  • Docketat 08:30 AM in Department 37; Jury Trial - Held - Continued

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  • 01/08/2019
  • Docketat 08:30 AM in Department 37; Final Status Conference - Held - Continued

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  • 01/08/2019
  • DocketMinute Order ((Final Status Conference; Jury Trial)); Filed by Clerk

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191 More Docket Entries
  • 08/01/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/01/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/14/2017
  • DocketSummons Issued; Filed by Clerk

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  • 07/14/2017
  • DocketSummons; Filed by Clerk

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  • 07/14/2017
  • DocketSUMMONS

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  • 06/30/2017
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/28/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

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  • 06/28/2017
  • DocketCOMPLAINT FOR DAMAGES: (1) CIV. CODE 51, 52 ;ETC

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  • 06/28/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 06/28/2017
  • DocketComplaint; Filed by Nika Carter (Legacy Party); E.M. (Legacy Party)

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Tentative Rulings

Case Number: ****6709    Hearing Date: July 13, 2020    Dept: 37

HEARING DATE: July 13, 2020

CASE NUMBER: ****6709

CASE NAME: EM v. Vista Del Mar, et al.

PLAINTIFFS PETITION TO APPROVE MINORS COMPROMISE WITH SPECIAL NEEDS TRUST

TENTATIVE: Plaintiff’s Petition to Approve Minor’s Compromise is CONTINUED for 60 days. Plaintiff is ordered to file within the next 30 days a Second Supplement which addresses the issues in the below probate notes.

Background

On November 18, 2016, E.M. tripped and fell on playground equipment on the Fish Yard playground while at Vista Del Mar School that resulted in E.M. falling on her face with her lower front teeth becoming avulsed.

E.M. sustained injuries to her lower teeth, with #25 and #26 avulsed secondary to trauma at school. E.M. also suffered cuts on her lower lip due to the incident.

On the date of the incident, E.M. had her adult teeth #25 and #26 surgically removed, and in the subsequent weeks she was provided a dental bridge to provide space between her missing adult teeth until E.M. reaches about the age of 18. At the age of 18, E.M. will require two dental implants with crowns to replace her adult teeth #25 and #26

E.M. has recovered from her injuries, except that she will need two dental implants with crowns once she reaches 18 years of age. Should E.M. have any current issues with her current dental bridge that is a lingual arch retainer, a maryland bridge may be needed.

On January 14, 2020, Plaintiff’s Petition to Approve Minor’s Compromise first came on for hearing. At the hearing, the court discussed the status of Plaintiff’s supporting documents and ordered Plaintiff to file additional documentation in order to address the issues identified by the reviewing probate attorney.

On February 27, 2020, the court continued the hearing on Plaintiff’s Petition at Plaintiff’s request to April 1, 2020. On March 19, 2020, the court again continued the hearing based on current conditions including, but not limited to, the spread of Covid-19 to May 12, 2020. On April 22, 2020, the court again continued the hearing to June 22, 2020 based on current conditions.

On June 8, 2020, the June 22, 2020 hearing was continued to July 13, 2020 on the court’s own motion.

Probate Recommendations

At the January 14, 2020 hearing the probate attorney identified numerous issues with Plaintiff’s petition and supporting trust documents. A Notice of Filing Supplement was filed on February 28, 2020 which addressed some of the issues previously identified. However, all of the following issues have not been addressed and, as such, a Second Supplement addressing open items below is required before the court can approve the instant petition.

  1. Whether the Master Pooled Trust of Golden State Pooled Trust is the Best Choice: the Supplement does not sufficiently explain why the Golden State Pooled Trust is the best choice for this trust as previously requested. Instead, the Supplement simply states that the guardian ad litem directed the money to the Golden State Pooled Trust. The GAL’s preference without any reason is insufficient.

  2. The Minor’s Condition: the probate notes previously required Plaintiff to describe the minor’s exact condition, what benefits she is currently receiving in connection with her disability and what benefits she planned to apply for. The Supplement describes the minor’s condition but does not sufficient describe the benefits she is receiving or, more importantly, is planning to apply for. The trial described the benefits being received, but not what they will be in the future.

  3. Section 8.04: this section is not drafted in compliance with Los Angeles Superior Court rule 4.116a(2) and California Rules of Court, rule 7.903c(2).

  4. Section 6.05, Beneficiary Advocate Section, Joinder Agreement, Fee Agreement, Advocate Acceptance of Duties: the probate notes previously indicated that Plaintiff did not justify why these sections and/or documents are in the petition. Although the supplement indicates that it has no objections with these sections being removed, these sections have not been removed. They should be.

  5. Termination Agreement: this document remains incomplete.

Further, the proposed order regarding this petition should be revised as follows:

  1. Judge’s signature line needs to be at end of order on last page of attachment 12.

  2. Line 4 on 1st page of attachment 12 should say The Court further orders and determines as follows: not Judge determinations.

  3. Note that the findings and part of the order is at the beginning of Attachment 7c(2)(b) and part of the order is on the last two pages of the order on attachment 12.

  4. The findings and the order need to be together, either before the exhibits or at the end of the exhibits.

It is preferred that the findings and the order be at the end since the Judge has to sign on the last page of the order. Part of the order that is at the beginning of attachment 7c(2)(b) is incomplete and some of it is a duplicate of what is on attachment 12. Attachment 12 is the correct version.



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