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This case was last updated from Los Angeles County Superior Courts on 04/14/2020 at 15:56:37 (UTC).

JULIO JOCOBO VS QUALITY CARE SURGERY CENTER LLC ET AL

Case Summary

On 03/26/2018 JULIO JOCOBO filed a Personal Injury - Medical Malpractice lawsuit against QUALITY CARE SURGERY CENTER LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9413

  • Filing Date:

    03/26/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiffs, Petitioners and Not Classified By Court

JACOBO JULIO

JACOBO JUAN

Plaintiff and Petitioner

JACOBO JULIO

Defendants and Respondents

COMMUNITY SURGERY CENTER OF GLENDALE

QUALITY CARE SURGERY CENTER LLC

ARMIN SEAN M.D.

SAIFY EMIL A. M.D.

DOES 1 TO 100

HERITAGE PROVIDER NETWORK INC.

L.A. QUALITY CARE ANESTHESIA CONSULTANTS INC.

REGAL MEDICAL GROUP INC.

Plaintiff, Guardian Ad Litem and Not Classified By Court

JACOBO JUAN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

BARR-HERNANDEZ MARSHA E. ESQ.

Defendant and Respondent Attorneys

MCANDREWS THOMAS F. ESQ.

WEND CHRISTOPHER P. ESQ.

RYAN RICHARD J. ESQ.

RADOCHONSKI JOSEPH MICHAEL

TROTTER MICHAEL

 

Court Documents

Proof of Service (not Summons and Complaint)

10/7/2019: Proof of Service (not Summons and Complaint)

Motion for Determination of Good Faith Settlement (CCP 877.6)

10/7/2019: Motion for Determination of Good Faith Settlement (CCP 877.6)

Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE WITH SPECIA...)

9/23/2019: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE WITH SPECIA...)

Notice - NOTICE OF TAKING MOTION OFF CALENDAR

8/21/2019: Notice - NOTICE OF TAKING MOTION OFF CALENDAR

Declaration - DECLARATION OF JANEE M. TOMLINSON

7/1/2019: Declaration - DECLARATION OF JANEE M. TOMLINSON

Application for Determination of Good Faith Settlement

6/25/2019: Application for Determination of Good Faith Settlement

Application for Determination of Good Faith Settlement

6/12/2019: Application for Determination of Good Faith Settlement

Notice of Settlement

6/12/2019: Notice of Settlement

Opposition - OPPOSITION TO DATES ONLY OR IN THE ALTERNATIVE QUALIFIED JOINDER TO DEFENDANT QUALITY CARE

6/5/2019: Opposition - OPPOSITION TO DATES ONLY OR IN THE ALTERNATIVE QUALIFIED JOINDER TO DEFENDANT QUALITY CARE

Answer

4/30/2019: Answer

Declaration - Declaration DECLARATION OF TRIAL ATTORNEY

2/20/2019: Declaration - Declaration DECLARATION OF TRIAL ATTORNEY

DECLARATION OF TRIAL ATTORNEY, PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATIONS STANDARDS

9/25/2018: DECLARATION OF TRIAL ATTORNEY, PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATIONS STANDARDS

NOTICE OF POSTING JURY FEES

9/12/2018: NOTICE OF POSTING JURY FEES

REQUEST FOR ENTRY OF DEFAULT -

8/20/2018: REQUEST FOR ENTRY OF DEFAULT -

DEMAND THAT DEFENSE OF STATUTE OF LIMITATIONS BE TRIED SEPARATELY

7/18/2018: DEMAND THAT DEFENSE OF STATUTE OF LIMITATIONS BE TRIED SEPARATELY

SUMMONS -

5/7/2018: SUMMONS -

CIVIL DEPOSIT -

3/26/2018: CIVIL DEPOSIT -

COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

3/26/2018: COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

73 More Documents Available

 

Docket Entries

  • 03/20/2020
  • Docketat 08:30 AM in Department 27, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 03/16/2020
  • DocketRequest for Dismissal; Filed by Julio Jacobo (Plaintiff); Juan Jacobo (Plaintiff)

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  • 02/13/2020
  • Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Vacated by Court

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  • 01/30/2020
  • Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Vacated by Court

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  • 01/21/2020
  • DocketRequest for Dismissal; Filed by Julio Jacobo (Plaintiff); Juan Jacobo (Plaintiff)

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  • 01/10/2020
  • DocketRequest for Dismissal; Filed by Julio Jacobo (Plaintiff); Juan Jacobo (Plaintiff)

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  • 12/24/2019
  • Docketat 1:30 PM in Department 4B; Hearing on Motion to Enforce Settlement - Not Held - Taken Off Calendar by Party

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  • 12/20/2019
  • DocketNotice of Ruling; Filed by Julio Jacobo (Plaintiff); Juan Jacobo (Plaintiff)

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  • 12/19/2019
  • Docketat 09:00 AM in Department 4B; Nunc Pro Tunc Order

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  • 12/19/2019
  • Docketat 08:30 AM in Department 4B; Order to Show Cause Re: (Notice of Commencement of Trust Action) - Held

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103 More Docket Entries
  • 05/07/2018
  • DocketSummons; Filed by Clerk

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  • 05/07/2018
  • DocketSummons Issued; Filed by Clerk

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  • 04/30/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/30/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/10/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 04/10/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/10/2018
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/26/2018
  • DocketCOMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

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  • 03/26/2018
  • DocketCIVIL DEPOSIT

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  • 03/26/2018
  • DocketComplaint; Filed by Julio Jacobo (Plaintiff)

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Tentative Rulings

Case Number: BC699413    Hearing Date: February 22, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Brian Bamondi,

Plaintiff,

vs.

HO KYONG GUM, et al.,

Defendants.

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CASE NO.: BC699413

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE

Dept. 27

1:30 p.m.

February 22, 2021

Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) Brian Bamondi (“Claimant”), by and through his parent and guardian ad litem, Stephanie Bamondi (“Petitioner”) seeks to settle his claims against defendants Ho Kyong Gum and Dream Seed, LLC, as well as Farmers Insurance Exchange, Mid-Century Insurance Company, and Truck Insurance Exchange for the amount of $2,320,000.

If approved, $378,078.96 will be used to pay for medical expenses, $712,300 will be used to pay attorney’s fees, and $367,763.36 will be used to pay non-medical expenses, leaving a balance of $821.991.97 for Claimant. Petitioner proposes $716,756.97 in cash will be used to fund a special needs trust (“SNT”) and the remaining $104,245 used to purchase an annuity that would pay $6,409.94 a year into the SNT for the life of Claimant, The Court finds the settlement amount to be fair and reasonable, and the requested attorney’s fees fair and reasonable.

SNT

When a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612 (“SNT”), the terms of the proposed trust must be reviewed by the Probate Department. (L.A. County Sup. Ct. Rule 4.115(c).) The Probate Department has reviewed the proposed SNT and has made its recommendations.

As required by Probate Code section 3604(b), the Court makes the following findings: (1) the SNT beneficiary has a disability which substantially impairs the individual’s ability to provide for his own care or custody and constitutes a substantial handicap; (2) the SNT beneficiary is likely to have special needs that will not be met without the trust; and (3) the money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the SNT beneficiary’s special needs.

Trustee and Bond

The proposed Trustee is Janice Moen, but there is no indication in the briefing that Moen has agreed to act as trustee nor are there any details regarding her qualifications.

Also, bond must be required of a trustee unless they are a corporate fiduciary. (Cal. Rules of Court, Rule 7.903(c)(5); Prob. Code, § 2320.) Petitioner does not meet that requirement. A proper bond calculation would be $800,000, based on a bond calculation including the initial funding amount, anticipated annual income, and an additional statutory amount for “cost of recovery.” An alternative amount for a bond shall be supported by supplemental briefing by petitioner regarding a bond calculation.

Notice

When seeking approval of a SNT, service must be made upon three state agencies including the Department of Mental Health, Department of Developmental Services, and Department of Health Care Services. (Prob. Code, § 3611(c).) None of the proofs of service filed in connection with this petition includes notice to the state agencies. The hearing is continued to March 31, 2021 at 1:30 p.m. so that Petitioner may give proper notice to these entities and to the beneficiary.

Proposed Order

Once proper notice is given, the Court will order Petitioner to open a separate proceeding for the Trust by filing a certified copy of the settlement order establishing the Trust with the Probate court. (LASC Rule 4115(e)(1).) Petitioner will be ordered to submit a Notice of Commencement of Proceedings of Court Created Trust on LASC Form PRO 044 within 60 days. The Court will also then set an OSC re filing of bond and a Notice of Commencement of Trust Action within 60 days.

These instructions shall be included in a proposed order at Attachment 12.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Dated this 22nd day of February 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC699413    Hearing Date: December 04, 2019    Dept: 4B

[TENTATIVE] ORDER RE: AMENDED MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

On March 26, 2018, plaintiff Julio Jocobo (“Claimant”) filed this action against defendants Quality Care Surgery Center LLC, Sean Armin, M.D., Emil A. Saify, M.D. (“Dr. Saify”), Regal Medical Group, Inc., LA (collectively, “Settled Defendants”) and L.A. Quality Care Anesthesia Consultants, Inc. (“L.A. Quality Care”). The Court previously approved applications for good faith settlement for the Settled Defendants, including Dr. Saify’s application for good faith settlement. The Court also previously approved the minor’s compromise with a special needs trust as to the overall settlement of the case for $4,000,000.

Dr. Saify and L.A. Quality Care now claim that Dr. Saify’s initial motion inadvertently left out L.A. Quality Care, and that the settlement offer of $2,000,000 from Dr. Saify (which was previously approved) was comprised of $1,000,000 from Dr. Saify and $1,000,000 from L.A. Quality Care. No party filed an opposition to the this motion.

The Court previously approved the entire settlement of this case for $4,000,000, as well as each of the Settled Defendant’s share of that settlement. Based on the record and the lack of any opposition, and having considered the Tech-Bilt factors, the Court finds that Dr. Saify and L.A. Quality Care’s settlement of $2,000,000 is made in good faith. The motion is GRANTED. Any other joint tortfeasor or co-obligor is barred from asserting further claims against Dr. Saify or L.A. Quality Care for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.

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