Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 15:04:27 (UTC).

ESMERALDA MUNOZ ET AL VS ROOKER FITZHUE STEVENS JR

Case Summary

On 03/01/2017 ESMERALDA MUNOZ filed a Personal Injury - Motor Vehicle lawsuit against ROOKER FITZHUE STEVENS JR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2252

  • Filing Date:

    03/01/2017

  • 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

Judge Details

Presiding Judges

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiffs and Petitioners

PONCE JORGE

PONCE DIEGO

MUNOZ ESMERALDA

PONCE KEVIN

Defendants and Respondents

DOES 1 TO 50

STEVENS ROOKER FITZHUE JR.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

TYMKOWICZ SASHA ESQ

Defendant and Respondent Attorney

BRISCOE J. JACKSON ESQ.

 

Court Documents

Notice of Settlement

12/20/2018: Notice of Settlement

Minute Order

12/21/2018: Minute Order

Unknown

1/4/2019: Unknown

Minute Order

1/4/2019: Minute Order

Minute Order

4/24/2019: Minute Order

ORDED AND STIPULATION TO CONTINUE TRIAL

7/13/2018: ORDED AND STIPULATION TO CONTINUE TRIAL

NOTICE OF ASSOCIATION OF COUNSEL FOR ROOKER FITZHUE STEVENS JR.

1/30/2018: NOTICE OF ASSOCIATION OF COUNSEL FOR ROOKER FITZHUE STEVENS JR.

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

3/1/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

3/1/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

3/1/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

3/1/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

3/13/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

SUMMONS

4/3/2017: SUMMONS

PROOF OF SERVICE SUMMONS

6/14/2017: PROOF OF SERVICE SUMMONS

Unknown

6/16/2017: Unknown

DEFENDANT'S NOTICE OF POSTING JURY FEES

6/16/2017: DEFENDANT'S NOTICE OF POSTING JURY FEES

ANSWER OF DEFENDANT ROOKER FITZHUE STEVENS JR. TO PLAINTIFFS' COMPLAINT

6/16/2017: ANSWER OF DEFENDANT ROOKER FITZHUE STEVENS JR. TO PLAINTIFFS' COMPLAINT

5 More Documents Available

 

Docket Entries

  • 04/24/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause - Settlement - Not Held - Continued - Court's Motion

    Read MoreRead Less
  • 04/24/2019
  • Minute Order ( (Order to Show Cause - Settlement)); Filed by Clerk

    Read MoreRead Less
  • 01/04/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Vacated by Court

    Read MoreRead Less
  • 01/04/2019
  • Certificate of Mailing for (Minute Order (Jury Trial) of 01/04/2019); Filed by Clerk

    Read MoreRead Less
  • 01/04/2019
  • Minute Order ((Jury Trial)); Filed by Clerk

    Read MoreRead Less
  • 12/21/2018
  • at 10:00 AM in Department 7, Amy D. Hogue, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

    Read MoreRead Less
  • 12/21/2018
  • Minute Order ((Final Status Conference)); Filed by Clerk

    Read MoreRead Less
  • 12/20/2018
  • Notice of Settlement; Filed by Esmeralda Munoz (Plaintiff); Kevin Ponce (Plaintiff); Diego Ponce (Plaintiff) et al.

    Read MoreRead Less
  • 09/04/2018
  • at 08:30 AM in Department 7; Jury Trial (Jury Trial; Matter continued) -

    Read MoreRead Less
  • 08/15/2018
  • at 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Matter continued) -

    Read MoreRead Less
13 More Docket Entries
  • 04/03/2017
  • Summons; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 03/13/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

    Read MoreRead Less
  • 03/01/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 03/01/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 03/01/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 03/01/2017
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 03/01/2017
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 03/01/2017
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 03/01/2017
  • Complaint; Filed by Esmeralda Munoz (Plaintiff); Kevin Ponce (Plaintiff); Diego Ponce (Plaintiff) et al.

    Read MoreRead Less
  • 03/01/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less

Tentative Rulings

Case Number: BC652252    Hearing Date: January 05, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ESMERALDA MUNOZ, et al.,

Plaintiff(s),

vs.

ROOKER FITZHUE STEVENS, JR.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

) ) ) )

.: BC652252

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE

Dept. 27

8:30 a.m.

January 5, 2021

Jorge Ponce

Claimant Jorge Ponce (“Claimant”), a minor, by and through his parent, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr. and National General Insurance in exchange for $5,000.  If approved, $965.13 will be used for medical expenses, $1,250 will be used for attorney’s fees, and $145 will be used for non-medical expenses, leaving a balance of $2,639.87 for Claimant.  Petitioner requests this amount be paid to her upon the terms and under conditions specified in Probate Code section 3401-3402 without bond.  

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

However, Petitioner seeks to have the settlement paid to her without any restrictions.  Attachment 19b(5) states that the settlement amount “will be held in trust for the minor until the minor reached [sic] majority.”  This is insufficient.  Petitioner must be prepared to testify in court concerning her plans for the proceeds of the settlement.  Barring a satisfactory response, the Petition is tentatively DENIED without prejudice.  

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the January 5, 2021 hearing, unless the Court finds good cause to excuse their appearance.  Petitioner and Claimant’s appearances are necessary, but the Court strongly suggests that such appearances occur remotely through “LA Court Connect” with the assistance of counsel. 

Diego Ponce

Claimant Diego Ponce (“Claimant”), a minor, by and through his parent, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr. and National General Insurance in exchange for $15,000.  If approved, $3,686.56 will be used for medical expenses, $3,750 will be used for attorney’s fees, and $145 will be used for non-medical expenses, leaving a balance of $7,418.44 for Claimant, to be deposited in an insured account, subject to withdrawal only upon the authorization of the court.  Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

However, Attachment 19b(2)  which identifies the name, branch, and address of the depository for this account is missing from the Petition.  Furthermore, the Court does not see that a proposed order to deposit money into blocked account (Form MC-355) is on file.  

Accordingly, the Petition is denied without prejudice.  Claimant’s appearance is not necessary at the January 5, 2021 hearing. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 5th day of January 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC652252    Hearing Date: July 23, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ESMERALDA MUNOZ, et al.,

Plaintiffs,

vs.

ROOKER FITZHUE STEVENS, JR., et al.,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

) ) ) )

.: BC652252

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE MINOR’S COMPROMISE

Dept. 27

1:30 p.m.

February 28, 2020

Diego Ponce

Claimant Diego Ponce (“Claimant”), a minor, by and through his parent, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr.  in exchange for $15,000.00.  If approved, $4,234.28 will be used for medical expenses, $3,750.00 will be used for attorney’s fees, and $145.00 will be used for non-medical expenses, leaving a balance of $6,870.72 for Claimant.  $6,870.72 of the balance will deposited into a blocked account, subject to withdrawal only upon the authorization of the Court

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

However, the Petition is deficient in the following ways: 

Item 12b6 does not contain an explanation of apportionment beyond the conclusory statement that the apportionment is based on the “nature and extent of injuries and policy limit available.”  This is insufficient.  

Item 18f is blank, indicating counsel has no expectation of receiving attorneys’ fees outside of this petition.  This is inconsistent with the other Petition on file for Jorge Ponce, discussed below.  

No evidence of reduction of medical expenses from UC Irvine Physicians for the amount of 547.72 as stated in item 13b(5)(b)(ii).  

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the July 23, 2020 hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear telephonically.

Jorge Ponce

Claimant Jorge Ponce (“Claimant”), a minor, by and through his Guardian Ad Litem, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr.  in exchange for $5,000.00.  If approved, $965.13 will be used for medical expenses, $1,250.00 will be used for attorney’s fees, and $145.00 will be used for non-medical expenses, leaving a balance of $2,639.87 for Claimant.  $2,639.87.13 of the balance will be paid or delivered to Petitioner, upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.  The disposition of the balance of the settlement is unknown.  

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

Item 18f states that the attorney does not expect to receive attorney’s fees in addition to that requested in this Petition.  However, additional attorney’s fees are requested in the Petition for Diego’s claims.  This item must be amended. 

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the July 23, 2020 hearing, unless the Court finds good cause to excuse their appearance.  The Court orders Petitioner and Claimant to appear telephonically.

Dated this 23rd day of July 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court

Case Number: BC652252    Hearing Date: February 28, 2020    Dept: 27

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE MINOR’S COMPROMISE

Diego Ponce

Claimant Diego Ponce (“Claimant”), a minor, by and through his Guardian Ad Litem, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr. in exchange for $15,000.00. If approved, $4,234.28 will be used for medical expenses, $3,750.00 will be used for attorney’s fees, and $145.00 will be used for non-medical expenses, leaving a balance of $6,870.72 for Claimant. The Petitioner states that $4,234.28 of the balance will be paid or delivered to Petitioner upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

However, the disposition of the settlement proceeds is unclear. While Item 17f states that the balance of proceeds available for claimant is $6,810.72, Item 19 only directs $4,234.28 to be paid to Petitioner. There is nothing showing how the remaining $2,636.44 will be disbursed. Furthermore, if Petitioner intended for the entire balance to be disbursed to her directly, Probate Code sections 3401-3402 only applies when the total estate of the minor does not exceed $5,000.00 in value. The proposed order states that $6,869.72 is to be deposited into a blocked account, but the Petition does not proposed a blocked account.

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Jorge Ponce

Claimant Jorge Ponce (“Claimant”), a minor, by and through his Guardian Ad Litem, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr. in exchange for $5,000.00. If approved, $965.13 will be used for medical expenses, $1,250.00 will be used for attorney’s fees, and $145.00 will be used for non-medical expenses, leaving a balance of $2,639.87 for Claimant. $2,360.13 of the balance will be paid or delivered to Petitioner, upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond. The disposition of the balance of the settlement is unknown.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

However, the disposition of the settlement proceeds is unclear. While Item 17f states that the balance of proceeds available for claimant is $2,639.87, Item 19 only directs $2,360.13 to be paid to a parent of Claimant and there is nothing showing how the remaining $279.74 will be disbursed. The proposed order states that $2,639.87 is to be deposited into a blocked account, but the Petition does not proposed a blocked account.

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Kevin Ponce

Claimant Kevin Ponce (“Claimant”), a minor, by and through his Guardian Ad Litem, Esmeralda Munoz (“Petitioner”), has agreed to settle his claims against Defendant Rooker Fitzhue Stevens, Jr. in exchange for $5,000.00. If approved, $315.28 will be used for medical expenses, $1,250.00 will be used for attorney’s fees, and $145.00 will be used for non-medical expenses, leaving a balance of $3,289.72 for Claimant, to be paid or delivered to Petitioner upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise for Kevin is GRANTED.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the February 28, 2020 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer BRISCOE J. JACKSON