This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 02:17:59 (UTC).

EVA A LANDA ET AL VS BITA N HAIEM

Case Summary

On 03/14/2017 EVA A LANDA filed a Contract - Other Contract lawsuit against BITA N HAIEM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY KEOSIAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3921

  • Filing Date:

    03/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GREGORY KEOSIAN

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

LANDA DANIELA ISAURA

LANDA EVA A.

LANDA DANIEL JESUS

ALVARADO SARA ABIGAIL

AVILA ANTONIO

AVILA STACEY

Defendants and Respondents

HAIEM BITA N.

DOES 1 TO 100

Minors

AVILA DANNY OSVALDO

AVILA VICTOR DE JESUS

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorney

CASTELBLANCO ERIC E. ESQ.

Defendant and Respondent Attorneys

MEYERS MCCONNELL REISZ SIDERMAN

SIDERMAN MEYERS MCCONNELL REISZ

 

Court Documents

EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES; MEMORANDUM OF POINTS AND AUTHORITIES

8/17/2018: EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES; MEMORANDUM OF POINTS AND AUTHORITIES

DECLARATION OF DANIEL A. EISENBERG IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES

8/17/2018: DECLARATION OF DANIEL A. EISENBERG IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES

Minute Order

3/1/2019: Minute Order

Declaration

4/17/2019: Declaration

Ex Parte Application

4/18/2019: Ex Parte Application

Minute Order

7/24/2018: Minute Order

NOTICE OF UNAVAILABILITY OF COUNSEL

11/28/2017: NOTICE OF UNAVAILABILITY OF COUNSEL

HABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

3/14/2017: HABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.

3/14/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.

SUMMONS

3/29/2017: SUMMONS

DECLARATION

5/12/2017: DECLARATION

Minute Order

5/15/2017: Minute Order

NOTICE OF CIVIL DEPOSIT

5/16/2017: NOTICE OF CIVIL DEPOSIT

NOTICE OF CASE MANAGEMENT CONFERENCE

5/16/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

Unknown

6/1/2017: Unknown

CIVIL DEPOSIT

6/15/2017: CIVIL DEPOSIT

Unknown

6/15/2017: Unknown

Minute Order

6/15/2017: Minute Order

20 More Documents Available

 

Docket Entries

  • 04/18/2019
  • at 08:30 AM in Department 61; Hearing on Ex Parte Application (To Continue Trial and Other Dates) - Held

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  • 04/18/2019
  • Minute Order ( (Hearing on Ex Parte Application To Continue Trial and Other D...)); Filed by Clerk

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  • 04/18/2019
  • Stipulation and Order (to Continue Trial); Filed by Bita N. Haiem (Defendant)

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  • 04/18/2019
  • Ex Parte Application (To Continue Trial and Other Dates); Filed by Bita N. Haiem (Defendant)

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  • 04/17/2019
  • Declaration (In Support of Ex Parte Application to Continue Trial); Filed by Bita N. Haiem (Defendant)

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  • 03/01/2019
  • at 09:00 AM in Department 61; Post-Mediation Status Conference - Held

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  • 03/01/2019
  • Minute Order ( (Post-Mediation Status Conference)); Filed by Clerk

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  • 10/02/2018
  • at 09:00 AM in Department 61; Jury Trial (Jury Trial; Continued by Court) -

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  • 10/02/2018
  • Minute order entered: 2018-10-02 00:00:00; Filed by Clerk

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  • 09/24/2018
  • at 09:00 AM in Department 61; Final Status Conference (Final Status Conference; Continued by Court) -

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53 More Docket Entries
  • 03/29/2017
  • Summons Issued; Filed by Clerk

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  • 03/29/2017
  • Summons; Filed by Clerk

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  • 03/24/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 03/24/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 03/14/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/14/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/14/2017
  • Complaint; Filed by Eva A. Landa (Plaintiff); Daniel Jesus Landa (Plaintiff); Daniela Isaura Landa (Plaintiff) et al.

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  • 03/14/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.

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  • 03/14/2017
  • HABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

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  • 03/14/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.

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Tentative Rulings

Case Number: BC653921    Hearing Date: February 05, 2020    Dept: 61

Plaintiffs Danny Osvaldo Avila’s and Victor de Jesus Avila’s Petitions to Confirm Minor’s Compromise are GRANTED.

  1. PETITION FOR MINOR’S COMPROMISE

The settlement that Plaintiffs seek to have approved is as follows. The global settlement amount offered to all Plaintiffs by Defendant Bita N. Haiem is $789,592.00. (Petition at p. 3.) Of this amount, $349,316.40 shall go to attorney fees, representing roughly 44.24% of the gross settlement, taken from a 45% share of the adults’ gross receipts and a 25% share of the minors’ gross receipts. (Petition Att. 18f.) An additional $37,519.00 are allocated to expenses. (Ibid.) The total net receipts for the adult plaintiffs (from a gross amount of $759,592.00) comes to $380,256.60, while the total net amount for minors (from a gross amount of $30,000, or $15,000 per minor) comes to $22,500, or $11,250.00 for each claimant. (Ibid.) No expenses have been deducted from the minors’ share. (Petition at p. 6.) The funds shall be deposited in accounts where withdrawal is subject to a court order. (Petition at p. 8.)

In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.

The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.

(CRC Rule 7.955, subd. (a)(1)–(2).)

Based on the fee agreement between Plaintiffs and their counsel, which is attached to the petitions here, and on the factors identified in CRC Rule 7.955, subd. (b), the court finds that the 25% contingency fee charged in this matter to the minor plaintiffs was within reason.

Plaintiffs’ Petitions to Approve Minors’ Compromise are GRANTED.

Plaintiffs to provide notice.