This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 04:04:24 (UTC).

FALLYN TRINITY TALAMANTEZ ET AL VS CURTIS RAY PENDEGRAF ET A

Case Summary

On 02/27/2017 FALLYN TRINITY TALAMANTEZ filed a Personal Injury - Motor Vehicle lawsuit against CURTIS RAY PENDEGRAF ET A. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2083

  • Filing Date:

    02/27/2017

  • 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 Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Guardian Ad Litem

TALAMANTEZ AARON MICHAEL

Defendants and Respondents

DEOS 1 TO 100

PENDEGRAF CURTIS RAY

SIENNA TRAILS LOGISTICS INC.

MILLER SIMON DOE 91

SIMON MILLER ROE 1

MILLER SIMON DOE 81

MYERS JAMES PATRICK

MYERS KELLY LYNN

Minors

TALAMANTEZ FALLYN TRINITY

TALAMANTEZ ADDILYN PAIGE

Attorney/Law Firm Details

Plaintiff Attorneys

MARZBAN MICHAEL M.

TRELA BRIAN P

Defendant Attorney

ATANOUS CLEIDIN ZOUMALAN

Minor Attorney

COHEN BOB M.

 

Court Documents

REQUEST FOR DISMISSAL

6/20/2018: REQUEST FOR DISMISSAL

NOTICE OF SETTLEMENT OF ENTIRE CASE

8/6/2018: NOTICE OF SETTLEMENT OF ENTIRE CASE

ORDER TO SHOW CAUSE RE: DISMISSAL

8/10/2018: ORDER TO SHOW CAUSE RE: DISMISSAL

Unknown

11/8/2018: Unknown

Minute Order

11/8/2018: Minute Order

Notice of Ruling

2/11/2019: Notice of Ruling

Minute Order

5/10/2019: Minute Order

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

2/27/2017: 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

PROOF OF SERVICE OF SUMMONS

5/26/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

5/26/2017: PROOF OF SERVICE OF SUMMONS

ANSWER TO UNVERIFIED FIRST COMPLAINT

6/12/2017: ANSWER TO UNVERIFIED FIRST COMPLAINT

CROSS-COMPLAINT FOR IMPLIED INDEMNITY AND TOTAL INDEMNITY; DECLARATORY RELIEF AND APPORTIONMENT OF FAULT

6/12/2017: CROSS-COMPLAINT FOR IMPLIED INDEMNITY AND TOTAL INDEMNITY; DECLARATORY RELIEF AND APPORTIONMENT OF FAULT

DEMAND FOR JURY TRIAL

6/12/2017: DEMAND FOR JURY TRIAL

NOTICE OF POSTING JURY FEES

6/12/2017: NOTICE OF POSTING JURY FEES

NOTICE OF ASSOCIATION OF COUNSEL

8/25/2017: NOTICE OF ASSOCIATION OF COUNSEL

AMENDMENT TO COMPLAINT

9/1/2017: AMENDMENT TO COMPLAINT

AMENDED EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

9/15/2017: AMENDED EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

24 More Documents Available

 

Docket Entries

  • 05/14/2019
  • Notice of Ruling; Filed by Fallyn Trinity Talamantez (Plaintiff)

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  • 05/10/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (After Settlement) - Not Held - Continued - Party's Motion

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  • 05/10/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal After Settlement)); Filed by Clerk

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  • 02/11/2019
  • Notice of Ruling; Filed by Fallyn Trinity Talamantez (Plaintiff)

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  • 02/01/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (After Settlement) - Not Held - Continued - Party's Motion

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  • 02/01/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal After Settlement)); Filed by Clerk

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  • 11/08/2018
  • at 08:30 AM in Department 4; Order to Show Cause Re: Dismissal - Held - Continued

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  • 11/08/2018
  • Certificate of Mailing for (Minute Order (Order to Show Cause Re: Dismissal After Settlement) of 11/08/2018); Filed by Clerk

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  • 11/08/2018
  • Minute Order ((Order to Show Cause Re: Dismissal After Settlement)); Filed by Clerk

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  • 08/27/2018
  • at 08:30 AM in Department 4; Jury Trial (Jury Trial; Case Deemed Settled) -

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55 More Docket Entries
  • 03/17/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/17/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/17/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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

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  • 02/27/2017
  • COMPLAINT FOR DAMAGES: 1.) WRONGFUL DEATH - MOTOR VEHICLE ;ETC

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  • 02/27/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 02/27/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 02/27/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 02/27/2017
  • Complaint; Filed by null

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  • 02/27/2017
  • Application ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC652083    Hearing Date: November 05, 2019    Dept: 4A

Petition to Approve Minor’s Compromise (x2)

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On February 27, 2017, Plaintiffs Fallyn Trinity Talamantez, by and through her guardian ad litem, Michal Talamantez, and Addilynn Paige Talamantez, by and through her guardian ad litem, Aaron Michael Talamantez (“Plaintiffs”) filed a complaint against Defendants Curtis Ray Pendegraf and Sienna Trails Logistics Inc.  The complaint alleged wrongful death – motor vehicle, wrongful death – negligence, motor vehicle, general negligence, and negligent infliction of emotional distress for a fatal automobile collision that occurred on February 13, 2017.

On April 27, 2017, Plaintiffs filed a first amended complaint to allege additional negligence causes of action and additional facts and to name Defendants Kelly Lynn Myers and James Patrick Myers.

On June 12, 2017, Defendants/Cross-Complainants Kelly Lynn Myers and James Patrick Myers filed a cross-complaint against Defendants/Cross-Defendants Curtis Ray Pendegraf and Sienna Trails Logistics Inc. seeking indemnity, declaratory relief, and apportionment of fault.

On August 17, 2017, Defendants/Cross-Complainants Kelly Lynn Myers and James Patrick Myers filed an amendment to their cross-complaint to name Cross-Defendant Simon Miller as Roe 1.

On September 1, 2017, Plaintiffs amended their first amendment complaint to name Defendant Simon Miller as Doe 81 and Doe 91.

On June 20, 2019, Plaintiffs dismissed their complaint as to Defendants/Cross-Complainants Kelly Lynn Myers and James Patrick Myers.

On August 27, 2019, the Court denied a petition to approve a compromise of disputed claim for Plaintiff Fallyn and a petition to approve a compromise of pending action for Plaintiff Addilynn due to unjustified requests for attorney’s fees.

On October 11, 2019, Petitioner Aaron Michael Talamantez filed new petitions to approve a compromise of pending action for Plaintiffs.

An Order to Show Cause RE: Dismissal After Settlement is scheduled for November 18, 2019.

PARTY’S REQUESTS

Petitioner Aaron Michael Talamantez (“Petitioner”) requests that the Court grant petitions to approve a compromise of pending actions for Plaintiff Fallyn (“Claimant Fallyn”) and Plaintiff Addilynn (“Claimant Addilynn”).

LEGAL STANDARD

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

DISCUSSION

The Court finds the petitions should be approved.

All of the required attachments are included with the petitions.  Each is to receive a gross settlement of $500,000.  $11,251.63 of each gross settlements is to be paid to Petitioner’s attorney for costs.  $165,000 of each gross settlements shall be paid to Petitioner’s attorney for fees, which represents 33% of each gross settlement.  This amount of attorney’s fees is proper as stated in this Court’s August 27, 2019 order.  $164.94 of Claimant Fallyn’s gross settlement is to be paid to the Department of Health Care Services, Personal Injury Program, MS 4720, P.O. Box 997421, Sacramento, CA 95899-7421.

Claimants’ net settlements -- $323,583.43 for Claimant Fallyn and $323,748.37 for Claimant Addilynnare to be paid to Claimants through single-premium deferred annuities, subject to withdrawal only upon authorization of the Court.  The terms of these annuities are attached as 19b(3) to Claimants’ respective petitions.

The petitions for minors’ compromise filed on October 10, 2019 for Claimant Fallyn and Claimant Addilynn are APPROVED.

The Court shall sign the proposed orders concurrently filed with the October 10, 2019 petitions for minors’ compromise.

Petitioner is ordered to give notice of this ruling.