This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:38:51 (UTC).

GRACE WILBUR BUCLATIN VS SHERYL KIYOKA MIYAMOTO ET AL

Case Summary

On 09/12/2017 GRACE WILBUR BUCLATIN filed a Personal Injury - Motor Vehicle lawsuit against SHERYL KIYOKA MIYAMOTO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU, DEBORAH L. CHRISTIAN and STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5668

  • Filing Date:

    09/12/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELAINE LU

DEBORAH L. CHRISTIAN

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff

BUCLATIN RICHARD M. WILBUR AN

Defendants

MIYAMOTO RICHARD J

MIYAMOTO SHERYL KIYOKA

Guardian Ad Litem

BUCLATIN GRACE WILBUR

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

KORO CHARLES E. ESQ.

PADILLA ARTURO ESQ.

BLOOM MARK J. ESQ.

Defendant Attorney

CHO DANIEL S.

Plaintiff and Guardian Ad Litem Attorney

BLOOM MARK J. ESQ.

Other Attorneys

PADILLA ARTURO

 

Court Documents

Motion re:

6/4/2019: Motion re:

Ex Parte Application

6/18/2019: Ex Parte Application

Minute Order

6/18/2019: Minute Order

Notice of Settlement

6/25/2019: Notice of Settlement

Certificate of Mailing for

3/12/2019: Certificate of Mailing for

Order - Dismissal

3/12/2019: Order - Dismissal

Minute Order

3/12/2019: Minute Order

Minute Order

2/26/2019: Minute Order

ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL

3/21/2018: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL

DEMAND FOR JURY TRIAL

9/5/2018: DEMAND FOR JURY TRIAL

NOTICE OF DEPOSIT OF JURY FEES

9/5/2018: NOTICE OF DEPOSIT OF JURY FEES

CIVIL DEPOSIT

9/5/2018: CIVIL DEPOSIT

DEFENDANTS' ANSWER TO COMPLAINT

9/5/2018: DEFENDANTS' ANSWER TO COMPLAINT

DECLARATION RE PROOF OF SERVICE OF NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL-CIVIL; DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL; IPROPOSEDI ORDER GRANTING A

2/26/2018: DECLARATION RE PROOF OF SERVICE OF NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL-CIVIL; DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL; IPROPOSEDI ORDER GRANTING A

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

2/26/2018: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CIVIL

2/26/2018: DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CIVIL

PROOF OF SERVICE RE:ORDER GRANTING ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL

3/23/2018: PROOF OF SERVICE RE:ORDER GRANTING ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL

Substitution of Attorney

5/23/2018: Substitution of Attorney

15 More Documents Available

 

Docket Entries

  • 10/31/2019
  • Hearingat 08:30 AM in Department 5 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 07/15/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion - Other (Motion for Relief) - Not Held - Advanced and Vacated

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  • 06/25/2019
  • DocketNotice of Settlement; Filed by GRACE WILBUR BUCLATIN (Legacy Party); RICHARD M. WILBUR AN BUCLATIN (Plaintiff)

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  • 06/18/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (for an order shortening notice on plaintiff's motion for relief from dismissal) - Held - Motion Granted

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  • 06/18/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application for an order shortening notic...)); Filed by Clerk

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  • 06/18/2019
  • DocketEx Parte Application (Plaintiff' s); Filed by RICHARD M. WILBUR AN BUCLATIN (Plaintiff)

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  • 06/04/2019
  • DocketMotion re: (Motion for Relief from Dismissal); Filed by RICHARD M. WILBUR AN BUCLATIN (Plaintiff)

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  • 03/21/2019
  • DocketOrder

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  • 03/12/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Trial - Not Held - Vacated by Court

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  • 03/12/2019
  • DocketCertificate of Mailing for (Minute Order (TRL000) of 03/12/2019); Filed by Clerk

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32 More Docket Entries
  • 02/26/2018
  • DocketDeclaration; Filed by GRACE WILBUR BUCLATIN (Legacy Party)

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  • 02/26/2018
  • DocketDECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL CIVIL

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  • 02/26/2018
  • DocketDECLARATION RE PROOF OF SERVICE OF NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL-CIVIL; DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL; IPROPOSEDI ORDER GRANTING ATFORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

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  • 09/29/2017
  • DocketNotice; Filed by Court

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  • 09/29/2017
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 09/12/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 09/12/2017
  • DocketComplaint; Filed by RICHARD M. WILBUR AN BUCLATIN (Plaintiff)

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  • 09/12/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 09/12/2017
  • DocketREQUEST FOR TRIAL BY JURY

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  • 09/12/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: ****5668    Hearing Date: February 07, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 5

GRACE WILBUR BUCLATIN, as Guardian Ad Litem for RICHARD M. WIBUR BUCLATIN,

Plaintiff,

v.

RICHARD J. MIYAMOTO, et al.,

Defendants.

Case No.: ****5668

Hearing Date: January 9, 2020

[TENTATIVE] order RE:

petition to approve compromise OF PENDING ACTION

On September 12, 2017, Plaintiff Richard M. Wilbur Buclatin (“Claimant”), through his Guardian Ad Litem, Grace Wilbur Buclatin (“Petitioner”), filed this action following a motor vehicle collision involving Defendants Richard J. Miyamoto and Sheryl Kiyoka Miyamoto (collectively, “Defendants”). Plaintiff, an incompetent adult, settled this action for $500,000. Petitioner now seeks Court approval. The Court continued the hearing on this petition to February 7, 2020, at 1:30 p.m. Not only was the notice period not sufficient, Petitioner did not serve the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento, which must occur at least 15 days before the hearing. (Prob. Code ; 3602(f).) In addition, the Court raised a series of concerns and afforded Petitioner’s counsel an opportunity to file a supplemental declaration addressing them. Petitioner’s counsel has done so to the Court’s satisfaction, so the Court is prepared to approve the settlement.

DATED: January 9, 2020 ___________________________

Hon. Stephen Goorvitch

Judge of the Superior Court



Case Number: ****5668    Hearing Date: January 09, 2020    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

GRACE WILBUR BUCLATIN, as Guardian Ad Litem for RICHARD M. WIBUR BUCLATIN,

Plaintiff,

v.

RICHARD J. MIYAMOTO, et al.,

Defendants.

Case No.: ****5668

Hearing Date: January 9, 2020

[TENTATIVE] order RE:

petition to approve compromise OF PENDING ACTION

On September 12, 2017, Plaintiff Richard M. Wilbur Buclatin (“Claimant”), through his Guardian Ad Litem, Grace Wilbur Buclatin (“Petitioner”), filed this action following a motor vehicle collision involving Defendants Richard J. Miyamoto and Sheryl Kiyoka Miyamoto (collectively, “Defendants”). Plaintiff, an incompetent adult, settled this action for $500,000. Petitioner now seeks Court approval.

The Court continues the hearing on this petition to February 7, 2020, at 1:30 p.m. Not only was the notice period not sufficient, Petitioner did not serve the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento, which must occur at least 15 days before the hearing. (Prob. Code ; 3602(f).)

In addition, the Court has the following concerns and affords Petitioner’s counsel an opportunity to file a supplemental declaration addressing them:

1. Petitioner’s counsel seeks attorneys’ fees of $200,000, which is 40% of the total settlement. However, the declaration of Shannon Guevara does not make clear exactly what work counsel performed that justifies this award. The declaration states that counsel “spent numerous hours reviewing documents, identifying percipient witnesses, identifying damage witnesses, locating witnesses, and obtaining key documents to prepare for mediation and trial.” This is not sufficient because it contains no details. Nor does the declaration explain why this case is unusual justifying this fee award.

2. Petitioner proposes to disburse $226,000 of the net settlement in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the Court. However, the Court is concerned that placing this annuity in Claimant’s name may deprive him of government benefits (e.g., Social Security and MediCal benefits). The Court is concerned that placing this annuity in someone else’s name would mean that the Court would not have oversight over Claimant’s settlement.

3. Petitioner proposes to deposit $13,052.12 into a special needs trust under Probate Code sections 3604 and 3611(c) for the benefit of Plaintiff, an adult person with a disability. However, the Court is concerned that this amount is too small and would be consumed by the fees, which have been represented as: (1) A fee of $1,500 for set-up, (2) A fee of $150 per month or $1,800 per year, (3) A fee of $125 per hour relating to Court supervision, and (4) a fee of 1% per year.

4. The petition contains insufficient information about the annuity. The supplement should provide information regarding the annuity, e.g., the company that will provide the annuity, its rating, terms of payment, and the identity of the payee.

CONCLUSION AND ORDER

The hearing on this petition is continued to February 7, 2020, at 1:30 p.m. Petitioner’s counsel shall provide notice and file proof of such with the Court.

DATED: January 9, 2020 ___________________________

Hon. Stephen Goorvitch

Judge of the Superior Court



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