This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 12:25:51 (UTC).

JOSEPH LINARES VS RICHARD TORRES ET AL

Case Summary

On 07/25/2017 JOSEPH LINARES filed a Personal Injury - Motor Vehicle lawsuit against RICHARD TORRES. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9987

  • Filing Date:

    07/25/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Defendants and Respondents

TORRES RICHARD

TORRES BETTY

DOES 1 TO 25

Minor

LINARES JOSEPH

Guardian Ad Litem

ESCAMILLA KARINA

Attorney/Law Firm Details

Defendant and Respondent Attorneys

ATANOUS CLEIDIN Z.

VILLARREAL MICHELLE LEANN

Minor Attorney

LEM GARCIA LAW

Other Attorneys

ZUCKERMAN PAUL STUART

GARCIA LEMUEL L.

JOCELYN JOHN

 

Court Documents

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

8/8/2018: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

Motion to Compel

10/31/2018: Motion to Compel

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

11/8/2018: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

Notice

11/9/2018: Notice

Objection

11/16/2018: Objection

Minute Order

12/3/2018: Minute Order

Order

12/3/2018: Order

Notice of Ruling

12/4/2018: Notice of Ruling

Notice of Ruling

5/3/2019: Notice of Ruling

Minute Order

5/3/2019: Minute Order

Ex Parte Application

5/3/2019: Ex Parte Application

ANSWER TO UNVERIFIED COMPLAINT

11/22/2017: ANSWER TO UNVERIFIED COMPLAINT

NOTICE OF POSTING JURY FEES

11/22/2017: NOTICE OF POSTING JURY FEES

Unknown

11/22/2017: Unknown

DEMAND FOR JURY TRIAL

11/22/2017: DEMAND FOR JURY TRIAL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

7/26/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS

9/7/2017: SUMMONS

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

7/25/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

7 More Documents Available

 

Docket Entries

  • 05/03/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Ex Parte Application (To Continue the Trial Date) - Held - Motion Granted

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  • 05/03/2019
  • Minute Order ( (Hearing on Ex Parte Application To Continue the Trial Date)); Filed by Clerk

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  • 05/03/2019
  • Notice of Ruling; Filed by Richard Torres (Defendant); Betty Torres (Defendant)

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  • 05/03/2019
  • Ex Parte Application (To Continue the Trial Date); Filed by Richard Torres (Defendant); Betty Torres (Defendant)

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  • 01/25/2019
  • at 08:30 AM in Department 4; Jury Trial - Not Held - Continued - Stipulation

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  • 01/10/2019
  • Notice (PLAINTIFFS NOTICE OF CHANGE OF HANDLING ATTORNEY); Filed by Joseph Linares (Legacy Party)

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  • 01/08/2019
  • at 10:00 AM in Department 4; Final Status Conference - Not Held - Continued - Stipulation

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  • 12/04/2018
  • Notice of Ruling; Filed by Richard Torres (Defendant); Betty Torres (Defendant)

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  • 12/03/2018
  • at 1:30 PM in Department 4; Hearing on Motion to Compel (Plaintiff to Attend Additional Independent Medical Examination) - Held - Motion Granted

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  • 12/03/2018
  • Minute Order ((Hearing on Motion to Compel Plaintiff to Attend Additional In...)); Filed by Clerk

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13 More Docket Entries
  • 11/22/2017
  • Answer; Filed by Richard Torres (Defendant); Betty Torres (Defendant)

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  • 11/22/2017
  • DEMAND FOR JURY TRIAL

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  • 09/07/2017
  • SUMMONS

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  • 09/07/2017
  • Summons; Filed by Clerk

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  • 09/07/2017
  • Summons Issued; Filed by Clerk

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  • 08/02/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 07/26/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 07/26/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 07/25/2017
  • Complaint; Filed by null

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  • 07/25/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC669987    Hearing Date: February 16, 2021    Dept: 28

Motion: Petition to Approve Compromise of Disputed Claim on Behalf of Minor Joseph Linares filed by Petitioner Karina Escamilla

Opposed: No

Proposed Ruling: Approve the petition.

Key Facts:

  • Petitioner’s Name: Karina Escamilla

  • Claimant’s Name & Age: Joseph Linares, age 17

  • Nature of Injury: pain to left side of head, lacerations to face, pain in left shoulder and back, and a broken right wrist from being struck by an automobile while walking in a crosswalk.

  • Gross Settlement: $90,000.00.

  • Attorney’s Fees: $31,500.00 , or 35% of the gross settlement.

  • Net Settlement: $33,652.04.

  • Distribution of Net Settlement: Deposited into a blocked account.

Special Issues: None

Law Clerk: Jamison Gilmore, ext. 7101

Petition to Approve Compromise of Disputed Claim on Behalf of Minor

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 25, 2017, Plaintiff Joseph Linares filed a complaint against Defendants Richard Torres and Betty Torres. Plaintiff Joseph Linares alleges general and motor vehicle negligence arising from an automobile-pedestrian collision that occurred on October 9, 2015.

On January 13, 2021, Petitioner Karina Escamilla filed a petition to approve a compromise of disputed claim on behalf of Claimant Joseph Linares.

An Order to Show Cause Re: Dismissal (Settlement) is set for February 19, 2021.

PARTYS REQUEST

Petitioner Karina Escamilla (“Petitioner”) requests the Court grant the petition to approve the compromise of disputed claim for minor Claimant Joseph Linares (“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.

DISCUSSION

The Court finds the petition is properly granted.  All required documentation and information has been provided.  Claimant is to receive a $90,000.00 gross settlement for moderately serious injuries sustained from an automobile-pedestrian collision.  $31,500.00 of the gross settlement, or thirty-five percent of the gross settlement, is to be allocated for attorney’s fees, which are reasonable considering the discovery and negotiation conducted in this case.  $20,501.65 of the gross settlement is to be allocated for medical expenses.  $4,346.31 of the gross settlement is to be allocated for costs, which are adequately explained.  The net settlement of $33,652.04 is to be deposited in a blocked account.

CONCLUSION

The motion is GRANTED.

The Court sets a hearing on an Order to Show Cause on March 18, 2021 a.m in Dept. 28 as to why a Proof of Deposit and Request for Dismissal have not been filed. 

Petitioner is ordered to give notice of this ruling.

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.

Case Number: BC669987    Hearing Date: January 05, 2021    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Joseph Linares

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 25, 2017, Plaintiff Joseph Linares, by and through his Guardian Ad Litem Karina Escamilla, filed a complaint against Defendants Richard Torres and Betty Torres.  Plaintiff alleges general and motor vehicle negligence arising from an automobile-pedestrian collision that occurred on October 9, 2015.

On November 17, 2020, the Court denied Petitioner Karina Escamilla’s petition to approve a compromise of disputed claim on behalf of Claimant Joseph Linares.

On November 24, 2020, Petitioner Karina Escamilla filed the instant petition.  No opposition has been filed.

PARTYS REQUEST

Petitioner Karina Escamilla requests the Court grant the petition to approve the compromise of pending action for Minor Claimant Joseph Linares.

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

On November 17, 2020, the Court denied the previous petition for the following reasons:

  1. It was unclear how much of Claimant’s gross settlement is to pay for medical expenses.  Paragraph 13a(2) states $20,501.65 of the gross settlement is to pay for outstanding medical expenses.  This figure is used in paragraph 17 in calculating the net settlement.  However, paragraph 17 does not account for $223.68 Petitioner declares in paragraph 13a(3) as various medical payments to be reimbursed from the gross settlement.  Further, the $20,501.65 figure is calculated, in part, by adding an additional $0.99 that does not appear to be charged to Claimant in paragraph 13b(5)(b)(ii).

  1. The costs reported in paragraph 14b and Attachment 14b amount to $4,345.79, not the requested $4,331.96.

While Petitioner has removed the $223.68 set forth in paragraph 13a(3) in the previous petition and clarified that $20,501.65 is to be paid as medical expenses from the gross settlement, Petitioner has still not accounted for the additional $0.99 in paragraph 13b(5)(b)(ii)

As for costs, Petitioner has now indicated in paragraph 14b that the total costs amount to $4,345.79.  However, the costs reported in paragraph 14b and Attachment 14b amount to $4,346.31, not $4,345.79.

The petition must also be denied for the following additional reasons.

First, since the filing of the petition, Claimant’s birthdate has passed and Claimant is now 17 years old.  Claimant’s age as set forth in paragraph 2c of the petition is thus outdated.

Second, paragraph 13b(5)(a) of the petition indicates that the total amount claimed under the liens is $50,528.16.  However, the total amount charged by lienholders set forth in paragraph 13b(5)(b) and the attachment is $50,525.16, not $50,528.16.

Third, the net balance of proceeds set forth in paragraphs 16 and 17f and the total fees and expenses set forth in paragraph 17e are incorrect.  Based on the medical expenses, attorney’s fees, and expenses set forth in paragraphs 17b-d, the total fees and expenses amount to $56,347.44, not $56,347.34.  The net balance of proceeds is thus $33,652.56, not $33,652.66.

Fourth, page 9 of the petition is missing.

Based on the foregoing, the petition is DENIED.

The parties are directed to the header of this tentative ruling for further instructions.¿

Case Number: BC669987    Hearing Date: November 17, 2020    Dept: 28

Petition to Approve Compromise of Disputed Claim

Having considered petitioning papers, the Court rules as follows. pposing papers have been filed.

BACKGROUND

On July 25, 2017, Plaintiff Joseph Linares filed a complaint against Defendants Richard Torres and Betty Torres.  Plaintiff Joseph Linares

On October 22, 2020, Petitioner Karina Escamilla filed a petition to approve a compromise of disputed claim on behalf of Claimant Joseph Linares.

An Order to Show Cause Re: Dismissal (Settlement) is set for February 19, 2021.

PARTYS

Petitioner Karina Escamilla (“Petitioner”) asks to approve compromise of disputed claim Claimant Joseph Linares

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952, subdivision (a), Petitioner and Claimant are Petitioner’s Claimants attendance are Claimants .

DISCUSSION

The Court finds the petition must be denied for two reasons.

First, it is unclear how much of Claimant’s gross settlement is to pay for medical expenses.  Paragraph 13a(2) states $20,501.65 of the gross settlement is to pay for outstanding medical expenses.  This figure is used in paragraph 17 in calculating the net settlement.  However, paragraph 17 does not account for $223.68 Petitioner declares in paragraph 13a(3) as various medical payments to be reimbursed from the gross settlement.  Further, the $20,501.65

Second, the costs reported in paragraph 14b and Attachment 14b amount to $4,345.79, not the requested $4,331.96.

CONCLUSION

The petition is DENIED.

Petitioner is ordered to give notice of this ruling.

Petitioner is ruling

The parties are directed to the header of this tentative ruling for further instructions.

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