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: 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.