This case was last updated from Los Angeles County Superior Courts on 01/18/2021 at 12:03:19 (UTC).

KATE AYALA VS CITY OF COMPTON

Case Summary

On 09/18/2017 KATE AYALA filed a Personal Injury - Other Personal Injury lawsuit against CITY OF COMPTON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6387

  • Filing Date:

    09/18/2017

  • 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

Judge Details

Presiding Judges

LAURA A. SEIGLE

EDWARD B. MORETON

 

Party Details

Plaintiffs and Petitioners

AYALA KATE

AYALA ALMA

Defendants and Respondents

COMPTON CITY OF

DOES 1 TO 100

CITY OF COMPTON

Plaintiff and Guardian Ad Litem

AYALA ALMA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BOOKER ROBERT L.

SARANI SHABNAM L.

Defendant and Respondent Attorney

CORNWELL CRAIG J. DEPUTY CITY ATTY

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT); ORDER TO SHOW...) OF 11/25/2020

11/25/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT); ORDER TO SHOW...) OF 11/25/2020

Notice - NOTICE ATTACHMENT NO. 19A(2) TO PETITION TO APPROVE MINORS COMPROMISE OF PENDING ACTION

10/9/2020: Notice - NOTICE ATTACHMENT NO. 19A(2) TO PETITION TO APPROVE MINORS COMPROMISE OF PENDING ACTION

Minute Order - MINUTE ORDER (COURT ORDER RE: MOTION TO COMPEL PAYMENT BY DEFENDANT CITY OF...)

4/22/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: MOTION TO COMPEL PAYMENT BY DEFENDANT CITY OF...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: MOTION TO COMPEL PAYMENT BY DEFENDANT CITY OF...) OF 04/22/2020

4/22/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: MOTION TO COMPEL PAYMENT BY DEFENDANT CITY OF...) OF 04/22/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

4/28/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 04/28/2020

4/28/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 04/28/2020

Order to Deposit Money Into Blocked Account

11/7/2019: Order to Deposit Money Into Blocked Account

Notice - NOTICE ADDENDUM 7C(1)(C)

11/6/2019: Notice - NOTICE ADDENDUM 7C(1)(C)

Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc - EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PRO

11/6/2019: Expedited Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proc - EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PRO

Notice - NOTICE ADDENDUM 9 - MEDICAL RECORDS

11/6/2019: Notice - NOTICE ADDENDUM 9 - MEDICAL RECORDS

Notice - NOTICE ADDENDUM 13(B)4 MEDI-CAL LIEN

10/24/2019: Notice - NOTICE ADDENDUM 13(B)4 MEDI-CAL LIEN

Declaration - DECLARATION ADDENDUM 14(A) DECLARATION

10/24/2019: Declaration - DECLARATION ADDENDUM 14(A) DECLARATION

Minute Order - MINUTE ORDER (COURT ORDER)

10/28/2019: Minute Order - MINUTE ORDER (COURT ORDER)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND FSC AND RELATED TRIAL DATES

7/1/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND FSC AND RELATED TRIAL DATES

Minute Order - MINUTE ORDER (DEFENDANT CITY OF COMPTON'S EX PARTE APPLICATION TO CONTINUE ...)

7/1/2019: Minute Order - MINUTE ORDER (DEFENDANT CITY OF COMPTON'S EX PARTE APPLICATION TO CONTINUE ...)

Proof of Personal Service -

1/31/2018: Proof of Personal Service -

EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

9/18/2017: EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

PLAINTIFF'S STATEMENT OF DAMAGES

9/18/2017: PLAINTIFF'S STATEMENT OF DAMAGES

41 More Documents Available

 

Docket Entries

  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Proof of Deposit

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  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise with Special Needs Trust

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  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 01/06/2021
  • Docketat 1:30 PM in Department 27, Edward B. Moreton, Presiding; Hearing on Motion for Order (PLAINTIFF?S MOTION FOR AN ORDER COMPELLING PAYMENT BY DEFENDANT CITY OF COMPTON PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES AND MINORS COMPROMISE ORDER) - Held - Motion Denied

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  • 01/06/2021
  • DocketMinute Order ( (Hearing on Motion for Order PLAINTIFF?S MOTION FOR AN ORDER C...)); Filed by Clerk

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  • 12/03/2020
  • Docketat 1:30 PM in Department 27, Edward B. Moreton, Presiding; Hearing on Petition to Confirm Minor's Compromise with Special Needs Trust - Held - Continued

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  • 12/03/2020
  • DocketMinute Order ( (Hearing on Petition to Confirm Minor's Compromise with Specia...)); Filed by Clerk

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  • 11/25/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Court's Motion

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  • 11/25/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Order to Show Cause Re: (Proof of Deposit) - Not Held - Continued - Court's Motion

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  • 11/25/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal (Settlement); Order to Show...) of 11/25/2020); Filed by Clerk

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73 More Docket Entries
  • 12/18/2017
  • DocketSUMMONS

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  • 12/18/2017
  • DocketSummons Issued; Filed by Clerk

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  • 12/11/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 12/11/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 10/05/2017
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 09/18/2017
  • DocketPLAINTIFF'S STATEMENT OF DAMAGES

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  • 09/18/2017
  • DocketCOMPLAINT FOR DAMAGES 1. PREMISES LIABILITY ;ETC

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  • 09/18/2017
  • DocketEX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 09/18/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 09/18/2017
  • DocketComplaint; Filed by KATE AYALA (Plaintiff)

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Tentative Rulings

Case Number: BC676387    Hearing Date: January 06, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

KATE AYALA,

Plaintiff(s),

vs.

CITY OF COMPTON,

Defendant(s).

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BC676387

[TENTATIVE] ORDER RE: MOTION FOR ORDER COMPELLING PAYMENT BY DEFENDANT CITY OF COMPTON PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT BERTWEEN THE PARTIES AND MINORS COMPROMISE ORDER OR IN THE ALTERNATIVE TO ENTER JUDGMENT AGAINST DEFENDANT CITY OF COMPTON

Dept. 27

1:30 p.m.

January 6, 2021

On September 4, 2020, Plaintiff Kate Ayala, a minor by and through her guardian ad litem, Alma Ayala, filed this Motion for an order compelling Defendant City of Compton to pay $75,000 pursuant to a settlement agreement executed on August 2, 2019.  Plaintiff refers to an order approving a minor’s compromise application on November 7, 2019 as the authority for granting this Motion.  However, a minute order dated November 7, 2019 denied Petitioner’s expedited petition filed on October 24, 2019 and it appears the order to deposit money into blocked account and order approving minor’s compromise were inadvertently signed.  

The Court notes a similar Motion was brought, called for hearing, and denied on August 13, 2020.  A petition for order approving minor’s compromise was then filed on October 9, 2020 and heard and denied on December 3, 2020. As such, there is no existing settlement that has been approved by the Court that can be enforced.  The Motion is DENIED. 

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.  

6th day of January 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC676387    Hearing Date: November 07, 2019    Dept: 4B

[TENTATIVE] ORDER RE: PETITION TO CONFIRM MINOR’S COMPROMISE

Claimant Kate Ayala (“Claimant”), a minor, by and through her Guardian Ad Litem, Alma Ayala (“Petitioner”), has agreed to settle her claims against Defendant City of Compton in exchange for $75,000. If approved, $4,218.46 will be used for medical expenses, $18,750 will be used for attorney’s fees, and $7,754.27 will be used for non-medical expenses, leaving a balance of $44,227.27 for Claimant.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable. However, the Court has reviewed the proposed settlement and finds that it is deficient. Item 19 of the Petition does not indicate how the settlement proceeds will be disbursed. The fact that the Petitioner submitted an order regarding a blocked account suggests she intends the proceeds to be put into a blocked account. If that is the case, Item 19b(2) should be checked and Attachment 19b(2) submitted.

Also, there is no evidence of the $4,218.46 in outstanding medical expenses that will need to be reimbursed from the proceeds, only evidence of a reduction in fees by Medi-Cal. Therefore it is uncertain how much of the settlement proceeds will be distributed to Claimant.

The proposed order (form MC-351) does not state in Item 7 how the proceeds will be paid out. If Petitioner intends the amount to be paid into a blocked account, Item 7c(2)(a) should be checked with the amount filled in.

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

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 as directed by the instructions provided on the court website at www.lacourt.org.