This case was last updated from Los Angeles County Superior Courts on 07/10/2019 at 01:03:38 (UTC).

JESSICA ETTING VS MICHAEL'S FURNITURE WAREHOUSE

Case Summary

On 06/13/2018 a Personal Injury - Other Personal Injury case was filed by JESSICA ETTING against MICHAEL'S FURNITURE WAREHOUSE in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0088

  • Filing Date:

    06/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff, Guardian Ad Litem and Petitioner

ETTING JESSICA

Respondents and Defendants

MICHAEL'S FURNITURE WAREHOUSE

DOES 1 TO 10

Minor

ETTING ARCHER

 

Court Documents

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

6/13/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

6/18/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

6/18/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS

6/29/2018: SUMMONS

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

6/29/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

PROOF OF SERVICE SUMMONS

7/19/2018: PROOF OF SERVICE SUMMONS

Answer

8/14/2018: Answer

Other -

8/14/2018: Other -

Cross-Complaint

8/14/2018: Cross-Complaint

Notice of Deposit - Jury

5/2/2019: Notice of Deposit - Jury

 

Docket Entries

  • 05/02/2019
  • Notice of Deposit - Jury; Filed by Michael's Furniture Warehouse (Defendant)

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  • 11/21/2018
  • Answer (Answer To Cross-Complaint); Filed by Jessica Etting (Plaintiff)

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  • 08/14/2018
  • Answer; Filed by Michael's Furniture Warehouse (Defendant)

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  • 08/14/2018
  • Demand for Jury Trial

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  • 08/14/2018
  • Demand for Jury Trial; Filed by Michael's Furniture Warehouse (Defendant)

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  • 08/14/2018
  • Answer

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  • 08/14/2018
  • Cross-Complaint; Filed by Michael's Furniture Warehouse (Defendant)

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  • 08/14/2018
  • Cross-Complaint

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  • 07/19/2018
  • PROOF OF SERVICE SUMMONS

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  • 07/19/2018
  • Proof-Service/Summons; Filed by Jessica Etting (Plaintiff); Archer Etting (Legacy Party)

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  • 07/06/2018
  • Summons; Filed by Clerk

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  • 07/06/2018
  • Summons Issued; Filed by Clerk

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  • 06/29/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 06/29/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 06/29/2018
  • SUMMONS

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  • 06/18/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 06/18/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 06/18/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 06/13/2018
  • Complaint; Filed by Jessica Etting (Plaintiff)

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  • 06/13/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC710088    Hearing Date: December 18, 2019    Dept: 4A

Petition to Approve Minor’s Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

On June 13, 2018, Plaintiff Archer Etting, by and through his mother and guardian ad litem, Jessica Etting, filed a complaint against Defendant Michael’s Furniture Warehouse for premises liability arising from an incident on April 15, 2017 wherein minor plaintiff climbed onto a ladder to one of the bunkbeds at Defendant’s store while Defendant’s salesperson was present, the ladder gave way, and minor plaintiff fell and sustained injuries.

On August 14, 2018, Defendant Michael’s Furniture Warehouse filed a cross-complaint against Jessica Etting for indemnity, contribution, and negligence supervision.

On October 30, 2019, the Court continued Petitioner Jessica Etting’s petition to approve a compromise of pending action for minor Plaintiff Archer Etting for five reasons.

On November 20, 2019, the Court continued Petitioner Jessica Etting’s petition to approve a compromise of pending action for minor Plaintiff Archer Etting for one reason.

On November 22, 2019, Petitioner Jessica Etting filed a second amended petition to approve a compromise of pending action for minor Plaintiff Archer Etting.

An Order to Show Cause Re: Dismissal (Settlement) is set for April 17, 2020.

PARTY’S REQUESTS

Petitioner Jessica Etting (“Petitioner”) requests that the Court grant a second amended petition to approve a compromise of pending action for minor Plaintiff Archer Etting (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

The Court has reviewed the amended petition and, as the Court found on October 30, 2019 and November 20, 2019, finds the settlement amount of $85,000 to be fair and reasonable.  Also similar to the October 30, 2019 and November 20, 2019 rulings, the Court finds the amount of attorney’s fees requested, which constitutes 25% of the gross settlement amount, to be reasonable.

The Court finds the second amended petition alleviates the defect the Court found was present in the first amended petition filed on November 15, 2019.  Namely, Petitioner has accounted for the missing $438.66 in item 13.  This amount is to be reimbursed to Petitioner.

The petition is therefore APPROVED.

The Court shall approve the second amended proposed order approving this petition concurrently filed with the petition on November 22, 2019.  The Court shall also approve the proposed order to deposit funds into a blocked account filed on September 16, 2019.

Petitioner is to give notice of the Court’s order. 

Case Number: BC710088    Hearing Date: November 20, 2019    Dept: 4A

Petition to Approve Minor’s Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

On June 13, 2018, Plaintiff Archer Etting, by and through his mother and guardian ad litem, Jessica Etting, filed a complaint against Defendant Michael’s Furniture Warehouse for premises liability arising from an incident on April 15, 2017 wherein minor plaintiff climbed onto a ladder to one of the bunkbeds at Defendant’s store while Defendant’s salesperson was present, the ladder gave way, and minor plaintiff fell and sustained injuries.

On August 14, 2018, Defendant Michael’s Furniture Warehouse filed a cross-complaint against Jessica Etting for indemnity, contribution, and negligence supervision.

On October 30, 2019, the Court denied Petitioner Jessica Etting’s petition to approve a compromise of pending action for minor Plaintiff Archer Etting for five reasons.

On November 15, 2019, Petitioner Jessica Etting filed an amended petition to approve a compromise of pending action for minor Plaintiff Archer Etting.

Trial is set for December 13, 2019.

PARTY’S REQUESTS

Petitioner Jessica Etting (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for minor Plaintiff Archer Etting (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

The Court has reviewed the amended petition and finds the settlement amount of $85,000 to be fair and reasonable.  The Court also finds the amount of attorney’s fees requested, which constitutes 25% of the gross settlement amount, to be reasonable.

The Court finds the amended petition alleviates four of five of the defects the Court found were present in the initial petition filed on September 16, 2019.  First, Petitioner included a proof of service showing that the moving papers were served on Defendant.  Second, item 13(a)(2) is now complete.  Third, the costs are explained in an exhibit to the attorney’s declaration, which is Attachment 14a.  Fourth, item 17 is correctly completed in that the amount of medical expenses to be reimbursed are included in subdivision (b).

However, the petition still has a defect in a miscalculation in item 13.  Item 13(a)(1) states the total medical expenses are $12,795.43.  Of that amount, Petitioner paid $4,115.51 and a Non-ERISA insured plan paid $8,211.26, as stated in items 13(b)(1) and 13(b)(2)(e), respectively.  The amounts paid amount to $12,326.77.  $438.66 of the amount of total medical expenses has not been accounted for.  It is unclear how this remaining amount as disposed of—i.e., whether it was paid for, waived, or otherwise reduced.  Petitioner must provide an explanation as to the unaccounted-for $438.66.

Therefore, the hearing on the petition is CONTINUED TO December 18, 2019 at 1:30 p.m. in Department 4A.  Petitioner is ordered to file and serve a second amended petition and supplemental papers to cure the defects identified herein.

Petitioner is to give notice of the Court’s order. 

Case Number: BC710088    Hearing Date: October 30, 2019    Dept: 4A

Petition to Approve Minor’s Compromise of Pending Action

Having considered the moving papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

On June 13, 2018, Plaintiff Archer Etting, by and through his mother and guardian ad litem, Jessica Etting, filed a complaint against Defendant Michael’s Furniture Warehouse for premises liability arising from an incident on April 15, 2017 wherein minor plaintiff climbed onto a ladder to one of the bunkbeds at Defendant’s store while Defendant’s salesperson was present, the ladder gave way, and minor plaintiff fell and sustained injuries.

On August 14, 2018, Defendant Michael’s Furniture Warehouse filed a cross-complaint against Jessica Etting for indemnity, contribution, and negligence supervision.

On September 16, 2019, Petitioner Jessica Etting filed this petition to approve a compromise of pending action for minor Plaintiff Archer Etting.

Trial is set for December 13, 2019.

PARTY’S REQUESTS

Petitioner Jessica Etting (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for minor Plaintiff Archer Etting (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

The Court has reviewed the petition and finds the settlement amount of $85,000 to be fair and reasonable.  The Court also finds the amount of attorney’s fees requested, which constitutes 25% of the gross settlement amount, to be reasonable.

However, the Court has found the following defects.

First, Petitioner has failed to include a proof of service showing that the moving papers have been properly served on Defendant.

Second, item 13(a)(2) is incomplete.  Petitioner must set forth the total outstanding medical expenses that are being paid from the proceeds.

Third, Petitioner has failed to account for $9,793.46 in medical expenses.  According to item 13(a)(1), Claimant incurred $17,712.19 in medical expenses.  Items 13(b)(1) and 13(b)(2)—i.e., the amount of medical expenses paid by Petitioner and a non-ERISA insured plan—account for $7,918.73.  It is unclear how the remaining $9,793.46 was disposed of—i.e., whether it was paid for, waived, or otherwise reduced.  Petitioner must provide an explanation as to the unaccounted for $9,793.46. r, Petitioner must provide written proof from the self-funded insurance plan confirming the agreement to accept a reduced amount to satisfy Claimant’s outstanding medical expenses.

Fourth, the $4,750.22 to be reimbursed in costs set forth in item 14(b) is unexplained.  Counsel must list what these costs consist of.

Finally, item 17 is incorrectly completed.  The amount of medical expenses to be reimbursed to Petitioner should be included in subsection (b) (the medical expenses to be paid from proceeds of settlement or judgment), not subsection (d) (expenses (other than medical) to be paid from proceeds of settlement or judgment).

Therefore, the hearing on the petition is CONTINUED TO November 20, 201 at 1:30 p.m. in Department 4A.  Petitioner is ordered to file and serve an amended petition and supplemental papers to cure the defects identified herein.

Petitioner is to give notice of the Court’s order.