This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 03:55:28 (UTC).

JEREMIAH JOHNSON VS SMART & FINAL STORES INC

Case Summary

On 04/07/2017 JEREMIAH JOHNSON filed a Personal Injury - Other Personal Injury lawsuit against SMART FINAL STORES INC. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7061

  • Filing Date:

    04/07/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Defendants and Respondents

SMART & FINAL STORES INC

DOES 1 TO 10

SMART & FINAL STORES LLC.

Minor

JOHNSON JEREMIAH

Guardian Ad Litem

LAWRENCE CONNIE

Attorney/Law Firm Details

Defendant and Respondent Attorney

WOLFE & WYMAN LLP

Minor Attorney

YEAGER KENNETH CHARLES ESQ.

 

Court Documents

AMENDMENT TO COMPLAINT

2/21/2018: AMENDMENT TO COMPLAINT

STIPULATION TO STRIKE COUNT TWO OF PLAINTIFFS FIRST CAUSE OF ACTION; AND ETC.

3/15/2018: STIPULATION TO STRIKE COUNT TWO OF PLAINTIFFS FIRST CAUSE OF ACTION; AND ETC.

NOTICE OF ENTRY OF SIGNED ORDER RE:STIPULATION TO STRIKE COUNT TWO OF PLAINTIFFS FIRST CAUSE OF ACTION TO THE PLAINTIFFS COMPLAINT

3/21/2018: NOTICE OF ENTRY OF SIGNED ORDER RE:STIPULATION TO STRIKE COUNT TWO OF PLAINTIFFS FIRST CAUSE OF ACTION TO THE PLAINTIFFS COMPLAINT

Minute Order

9/21/2018: Minute Order

Minute Order

10/9/2018: Minute Order

Other -

10/11/2018: Other -

Request for Dismissal

2/20/2019: Request for Dismissal

Notice of Settlement

2/26/2019: Notice of Settlement

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

10/16/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

SUMMONS

11/9/2017: SUMMONS

NOTICE OF MOTION AND MOTION TO STRIKE COUNT TWO FROM THE FIRST CAUSE OF ACTION OF PLAINTIFF'S COMPLAINT; AND ETC

12/28/2017: NOTICE OF MOTION AND MOTION TO STRIKE COUNT TWO FROM THE FIRST CAUSE OF ACTION OF PLAINTIFF'S COMPLAINT; AND ETC

ANSWER TO COMPLAINT BY SMART & FINAL STORES, LLC

12/28/2017: ANSWER TO COMPLAINT BY SMART & FINAL STORES, LLC

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

4/7/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

4/7/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

4/13/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

3 More Documents Available

 

Docket Entries

  • 02/26/2019
  • Notice of Settlement; Filed by Jeremiah Johnson (Legacy Party)

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  • 02/25/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 02/20/2019
  • Request for Dismissal; Filed by Jeremiah Johnson (Legacy Party)

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  • 10/11/2018
  • Other - (Notice of Court's Orders); Filed by Smart & Final Stores, LLC. (Defendant)

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  • 10/09/2018
  • at 08:30 AM in Department 4; Jury Trial - Held

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  • 10/09/2018
  • Minute order entered: 2018-10-09 00:00:00; Filed by Clerk

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  • 10/09/2018
  • Minute Order ((Jury Trial)); Filed by Clerk

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  • 09/21/2018
  • at 10:00 AM in Department 4; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 09/21/2018
  • Minute order entered: 2018-09-21 00:00:00; Filed by Clerk

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  • 09/21/2018
  • Minute Order

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12 More Docket Entries
  • 11/09/2017
  • Summons Issued; Filed by Clerk

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  • 11/09/2017
  • Summons; Filed by Clerk

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  • 11/09/2017
  • SUMMONS

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  • 10/16/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 10/16/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/13/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/07/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 04/07/2017
  • Complaint; Filed by null

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  • 04/07/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/07/2017
  • Application ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC657061    Hearing Date: January 16, 2020    Dept: 28

Jeremiah Johnson v. Smart & Final Stores, Inc.

EXPEDITED PETITION – NO HEARING

 

CASE NUMBER: BC657061

______________________________________________________________________________

Expedited Petition to Approve Compromise of Pending Action of a Minor, Jeremiah Johnson, Age 12

______________________________________________________________________________

TENTATIVE: Deny the petition.

______________________________________________________________________________

FACTS: Claimant Jeremiah Johnson (“Claimant”) slipped and fell, which caused a laceration to a finger of his.

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Noelle Marchand (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are:

¿ Petitioner is represented by an attorney.

¿ The claim is not for wrongful death.

¿ Settlement proceeds will not be placed in a trust.

¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.

¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith

¿ The settlement, exclusive of interests and costs, is $50,000 or less

¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all

proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.

¿ AND the court does not otherwise order.

SETTLEMENT: $7,500

INJURIES: Finger laceration.

MEDICAL EXPENSES: $214.74.

COSTS: $685.

ATTORNEY’S FEES: $1,875, which is 25% of the gross settlement.

“A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” (Cal Rules of Court, Rule 7.955, subd. (c).)

DEFECTS:

The petition cannot be granted for three reasons.

First, the Court does not have jurisdiction over this matter because the action was dismissed without prejudice on February 20, 2019. (See Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 262 fn. 6.)

Second, there are no attachments to the petition, including Attachments 10, 14a, 14c(2), 15a, 19a, or 20b(2).

Third, paragraph 13 is not completed.