On 02/14/2018 a Property - Other Real Property case was filed by GUADALUPE NORIEGA against ALEJANDRO BARTUREN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
****3942
02/14/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
HOLLY E. KENDIG
MARROQUIN ROBERTO
NORIEGA GUADALUPE
BARTUREN ALEJANDRO
DOES 1 TO 10
BARTUREN SVEA
2/14/2018: REQUEST TO WAIVE COURT FEES
6/4/2018: DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; ETC.
6/21/2018: Minute Order
6/22/2018: NOTICE OF ASSOCIATION OF COUNSEL
6/27/2018: CIVIL DEPOSIT
8/13/2018: PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE
8/15/2018: CIVIL DEPOSIT
11/9/2018: Case Management Statement
11/16/2018: Declaration
11/16/2018: Memorandum of Points & Authorities
11/28/2018: Minute Order
12/31/2018: Notice
2/15/2019: Case Management Order
2/15/2019: Minute Order
4/9/2018: NOTICE OF CASE MANAGEMENT CONFERENCE AND ORDER TO SHOW CAUSE RE PROOF OF SERVICE
3/27/2018: FIRST AMENDED COMPLAINT FOR: 1. TORTIOUS BREACH OF THE WARRANTY OF HABITABILITY (NEGLAGENCE), ETC
2/14/2018: ORDER ON COURT FEE WAIVER
2/14/2018: SUMMONS
at 08:30 AM in Department 26, Elaine Lu, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Taken Off Calendar by Party
at 08:30 AM in Department 26, Elaine Lu, Presiding; Case Management Conference - Held
at 08:30 AM in Department 26, Elaine Lu, Presiding; Order to Show Cause Re: (RESanctions against counsel for defendant for failure to appear on 11/28/18) - Held
Case Management Order; Filed by Clerk
Minute Order ( (Case Management Conference; Order to Show Cause Re: RE: Sanct...)); Filed by Clerk
Notice of Case Reassignment; Filed by Guadalupe Noriega (Plaintiff); Roberto Marroquin (Plaintiff)
Notice of Ruling; Filed by Guadalupe Noriega (Plaintiff); Roberto Marroquin (Plaintiff)
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk
at 08:30 AM in Department 42, Holly E. Kendig, Presiding; Case Management Conference - Held - Continued
Minute Order ((CASE MANAGEMENT CONFERENCE)); Filed by Clerk
NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE
COMPLAINT FOR 1. TORTIOUS BREACH OF THE WARRANTY OF HABITABILITY (NEGLIGENCE); ETC
REQUEST TO WAIVE COURT FEES
ORDER ON COURT FEE WAIVER
SUMMONS
REQUEST TO WAIVE COURT FEES
Request to Waive Court Fees; Filed by Guadalupe Noriega (Plaintiff)
Request to Waive Court Fees; Filed by Roberto Marroquin (Plaintiff)
ORDER ON COURT FEE WAIVER
Complaint; Filed by Guadalupe Noriega (Plaintiff); Roberto Marroquin (Plaintiff)
Case Number: BC693942 Hearing Date: November 26, 2019 Dept: 26
The Court is inclined to grant the Petitions on behalf of Dannie Marroquin, Danna Marroquin, and Danny Marroquin, brought by Guardian ad litem Guadalupe Noriega, to Approve Compromise of Pending Action. The Court has reviewed the petitions and finds the settlement fair and reasonable. The parties have an agreement for attorney’s fees, which is attached to the petition, and the Declaration of Counsel is sufficient to substantiate the work performed in connection with this matter. The Petitions are properly verified by Petitioner. There is a substantial amount going to each Claimant.
The Court notes, however, discrepancies that must be corrected for the Petitions and Orders for claimants Danna Marroquin and Dannie Marroquin.
The birthdate provided for Danna Marroquin is inconsistent between the Petition (MC-350) and the proposed Orders (MC-351 and MC-355). Item 2b of the Petition states that the Danna Marroquin’s birthdate is “1/19/2007.” However, the proposed orders on forms MC-351 and MC-355 state that Danna Marroquin’s birthdate is “1/18/07.” Prior to the hearing, Petitioner must electronically file and serve an amended Petition (MC-350), an amended Order on form MC-351, and/or an amended Order on form MC-355 reflecting the correct birthdate for Danna Marroquin. Petitioner must also bring conformed copies of: the amended Petition (MC-350), amended Order on form MC-351, and amended Order on form MC-355 to the hearing.
The gross and net amounts to be paid to claimant Dannie Marroquin are inconsistent. Items 11a, 11c, and 12b of the Petition (MC-350) for Dannie Marroquin state that the amount to be paid to this claimant will be $2,000; items 14a, 17c, and 17e state that attorney’s fees of $500 will be deducted, leaving a net recovery of $1,500 for Dannie Marroquin (in items 16 and 17f). However, Attachment 12 and 14a (paragraph 15) of the Petition (MC-350) and item 7a of the proposed order (MC-351) for Dannie Marroquin state that the amount to be paid to this claimant will be $3,000 (not $2,000). Item 7c(1)(a) and 7e of the proposed order (MC-351) for Dannie Marroquin state that attorney’s fees of $750 (not $500) will be deducted, leaving a net recovery of $2,250 (not $1,500) for Dannie Marroquin (in items 7c(2) and 7c(2)(a) of the proposed order on form MC-351 and item 4 of the proposed order on form MC-355). Prior to the hearing, Petitioner must electronically file and serve an amended Petition (MC-350), an amended Order on form MC-351, and an amended Order on form MC-355 reflecting the correct amounts regarding Dannie Marroquin’s recovery under the settlement agreement. Petitioner must also bring conformed copies of: the amended Petition (MC-350), amended Order on form MC-351, and amended Order on form MC-355 to the hearing.
If Petitioner fails to bring to the hearing conformed copies of: the amended Petition (MC-350), amended Order on form MC-351, and amended Order on form MC-355 for both Danna Marroquin and Dannie Marroquin, then that petition will be continued to the next available reservation on CRS or denied without prejudice.
Per CRC Rule 7.952, Petitioner and Claimants are required to attend the hearing on the petition. The Court will therefore require attendance at the hearing in order to grant the petition.