This case was last updated from Los Angeles County Superior Courts on 05/31/2019 at 03:50:13 (UTC).

J N VS LENNOX ELEMENTARY SCHOOL DISTRICT ET AL

Case Summary

On 02/08/2017 J N filed a Personal Injury - Other Personal Injury lawsuit against LENNOX ELEMENTARY SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9800

  • Filing Date:

    02/08/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Guardian Ad Litem and Plaintiff

NUNEZ NORMA

Defendants and Respondents

LENNOX ELEMENTARY SCHOOL DISTRICT

DOES 1 TO 25

CISNEROS OSCAR

TAYLOR KENT

Minor

J. N.

Attorney/Law Firm Details

Plaintiff Attorneys

GONZALEZ JORGE ESQ.

RODRIGUEZ ANTONIO HERNANDEZ ESQ.

Defendant Attorney

MADRUGA THOMAS MATTHEW ESQ.

Minor Attorney

RODRIGUEZ ANTONIO H. ESQ.

 

Court Documents

ORDER AND STIPULATION TO CONTINUE TRIAL

5/3/2018: ORDER AND STIPULATION TO CONTINUE TRIAL

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION;AND ETC.

6/8/2018: NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION;AND ETC.

EVIDENCE AND DECLARATION OF BRENT J.LEHMAN OSCAR CISNEROS CRAIG CUNNINGHAM AND PERRY ROBERT LUBENS M.D. AND EXHIBITS ATTACHED THERETO IN SUPPORT OF DEFENDANTS;AND ETC.

6/8/2018: EVIDENCE AND DECLARATION OF BRENT J.LEHMAN OSCAR CISNEROS CRAIG CUNNINGHAM AND PERRY ROBERT LUBENS M.D. AND EXHIBITS ATTACHED THERETO IN SUPPORT OF DEFENDANTS;AND ETC.

SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT

6/8/2018: SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT

PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [FILED CONCURRENTLY WITH PLAINTIFFS GENUINE ISSUES OF MATERIAL FACT; AND DECLAR

8/10/2018: PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [FILED CONCURRENTLY WITH PLAINTIFFS GENUINE ISSUES OF MATERIAL FACT; AND DECLAR

PLAINTIFF'S GENUINE ISSUES OF MATERIAL FACT IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT RESV ID: 170922253054

8/10/2018: PLAINTIFF'S GENUINE ISSUES OF MATERIAL FACT IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT RESV ID: 170922253054

PLAINTIFF'S EVIDENCE DECLARATIONS AND EHIBITS IN SUPPORT OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION [FILED CONCURRENTLY WITH PLAINTIFF'S OPPOSITIO

8/10/2018: PLAINTIFF'S EVIDENCE DECLARATIONS AND EHIBITS IN SUPPORT OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION [FILED CONCURRENTLY WITH PLAINTIFF'S OPPOSITIO

OBJECTIONS TO EVIDENCE SUBMITTED BY PLAINTIFF IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT RESV ID: 170922253054

8/17/2018: OBJECTIONS TO EVIDENCE SUBMITTED BY PLAINTIFF IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT RESV ID: 170922253054

REPLY OF DEFENDANTS TO PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION RESV ID: 170922253054

8/17/2018: REPLY OF DEFENDANTS TO PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION RESV ID: 170922253054

Minute Order

8/29/2018: Minute Order

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

8/29/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

ORDER DENYING MOTION FOR SUMMARY JUDGMENT GRANTING MOTION FOR SUMMARY ADJUDICATION OF THIRD AND FOURTH CAUSES OF ACTION

8/29/2018: ORDER DENYING MOTION FOR SUMMARY JUDGMENT GRANTING MOTION FOR SUMMARY ADJUDICATION OF THIRD AND FOURTH CAUSES OF ACTION

PLAINTIFF'S NOTICE OF DEPOSIT OF JURY FEES CCP SECTION 631

9/11/2018: PLAINTIFF'S NOTICE OF DEPOSIT OF JURY FEES CCP SECTION 631

Unknown

9/11/2018: Unknown

ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

9/12/2018: ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

Minute Order

11/13/2018: Minute Order

Opposition

11/13/2018: Opposition

Jury Instructions

11/21/2018: Jury Instructions

45 More Documents Available

 

Docket Entries

  • 05/21/2019
  • DocketNotice ( OF ORDER TO SHOW CAUSE RE EXPEDITED PETITION TO APPROVE MINOR'S COMPROMISE); Filed by Norma Nunez (Plaintiff)

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  • 05/15/2019
  • DocketNotice (NOTICE RE TAKING ORDER TO SHOW CAUSE RE SETTLEMENT OFF CALENDAR); Filed by Norma Nunez (Plaintiff)

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  • 05/10/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause - Settlement (- Conditional -) - Held - Continued

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  • 05/10/2019
  • DocketMinute Order ( (Order to Show Cause - Settlement - Conditional -)); Filed by Clerk

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  • 04/17/2019
  • DocketNotice of Plaintiff's Motion for Continuance of Hearing on Order to Show Cause re: Settlement; Filed by Norma Nunez (Plaintiff); J. N. (Plaintiff)

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  • 04/17/2019
  • DocketDECLARATION OF ANTONIO H. RODRIQUEZ IN SUPPORT OF MOTION FOR CONTINUANCE OF HEARING ON MOTION TO CONTINUE ORDER TO SHOW CAUSE RE: SETTLEMENT; Filed by Norma Nunez (Plaintiff); J. N. (Plaintiff)

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  • 01/14/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Petition to Confirm Minor's Compromise

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  • 12/18/2018
  • DocketNotice of Settlement (of Entire Case); Filed by J. N. (Plaintiff)

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  • 12/12/2018
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 12/12/2018
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Ex Parte Motion

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83 More Docket Entries
  • 04/06/2017
  • DocketSUMMONS

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  • 04/06/2017
  • DocketSummons; Filed by Clerk

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  • 04/03/2017
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 03/27/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/27/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

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  • 02/22/2017
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 02/08/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 02/08/2017
  • DocketComplaint; Filed by null

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  • 02/08/2017
  • DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC.

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  • 02/08/2017
  • DocketAPPLICATION FOR ORDER APPOINTING MOTHER NORMA NUNEZ AS GUARDIAN AD LITEM FOR MINOR PLAINTIFF J. N.

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Tentative Rulings

Case Number: ****9800    Hearing Date: October 31, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

J.N., ETC.,

Plaintiff(s),

vs.

LENNOX ELEMENTARY SCHOOL DIST., ET AL.,

Defendant(s).

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Case No.: ****9800

[TENTATIVE] ORDER CONDTIONALLY GRANTING PETITION TO APPROVE MINOR’S COMPROMISE

Dept. 3

1:30 p.m.

October 31, 2019

Plaintiff, J.N., a minor by and through his GAL, Norma Nunez, brought this action against Defendants, Lennox Elementary School District, its superintendent Kent Taylor, and its principal, Oscar Cisneros. Plaintiff sustained a head injury while playing on the playground before school. Plaintiff has recovered from the acute injury, but has ongoing concerns about brain trauma related to the incident.

At this time Plaintiff, by and through his attorney of record and GAL, has agreed to settle all claims with Defendant for the total amount of $125,000. If the settlement is approved, $4071.29 will be used for medical expenses, $17,828.51 for expenses, and $36,085.06 for attorneys’ fees. Petitioner seeks to use the remaining $67,773.96 to purchase a single-premium deferred annuity.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also reviewed the Declaration of Counsel in support of the petition, and finds it supports the 35% fee sought. The parties have a retained agreement for a 40% contingency fee. Additionally, this action has been highly contested and Counsel has gone to great lengths to secure the settlement in Plaintiff’s favor. Under the circumstances, the fee is justified.

Pursuant to CRC 7.952, Plaintiff and Petitioner must appear at the hearing and testify to the satisfaction of the Court unless their appearance is excused. Plaintiff is twelve years old. The Court will therefore require both Plaintiff and Petitioner to appear and testify. If the Court is satisfied with the testimony, the Court will grant the petition.

Petitioner is ordered to give notice.



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