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.
****7061
04/07/2017
Other
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
SMART & FINAL STORES INC
DOES 1 TO 10
SMART & FINAL STORES LLC.
JOHNSON JEREMIAH
LAWRENCE CONNIE
WOLFE & WYMAN LLP
YEAGER KENNETH CHARLES ESQ.
2/21/2018: AMENDMENT TO COMPLAINT
3/15/2018: STIPULATION TO STRIKE COUNT TWO OF PLAINTIFFS FIRST CAUSE OF ACTION; AND ETC.
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
9/21/2018: Minute Order
10/9/2018: Minute Order
10/11/2018: Other -
2/20/2019: Request for Dismissal
2/26/2019: Notice of Settlement
10/16/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
11/9/2017: SUMMONS
12/28/2017: NOTICE OF MOTION AND MOTION TO STRIKE COUNT TWO FROM THE FIRST CAUSE OF ACTION OF PLAINTIFF'S COMPLAINT; AND ETC
12/28/2017: ANSWER TO COMPLAINT BY SMART & FINAL STORES, LLC
4/7/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
4/7/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
4/13/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
Notice of Settlement; Filed by Jeremiah Johnson (Legacy Party)
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court
Request for Dismissal; Filed by Jeremiah Johnson (Legacy Party)
Other - (Notice of Court's Orders); Filed by Smart & Final Stores, LLC. (Defendant)
at 08:30 AM in Department 4; Jury Trial - Held
Minute order entered: 2018-10-09 00:00:00; Filed by Clerk
Minute Order ((Jury Trial)); Filed by Clerk
at 10:00 AM in Department 4; Final Status Conference (Final Status Conference; Off Calendar) -
Minute order entered: 2018-09-21 00:00:00; Filed by Clerk
Minute Order
Summons Issued; Filed by Clerk
Summons; Filed by Clerk
SUMMONS
Application ; Filed by Plaintiff/Petitioner
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Complaint; Filed by null
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
Application ; Filed by Plaintiff/Petitioner
Case Number: BC657061 Hearing Date: January 16, 2020 Dept: 28
Jeremiah Johnson v. Smart & Final Stores, Inc.
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CASE NUMBER: BC657061
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Expedited Petition to Approve Compromise of Pending Action of a Minor, Jeremiah Johnson, Age 12
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TENTATIVE: Deny the petition.
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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.