On 05/09/2017 KIANA RAD filed a Personal Injury - Medical Malpractice lawsuit against VIRGINIA SPURGEON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY J. FUJIE, DENNIS J. LANDIN, OWEN LEE KWONG, JOEL L. LOFTON, CHRISTOPHER K. LUI, ROBERT B. BROADBELT and DANIEL M. CROWLEY. The case status is Other.
****0670
05/09/2017
Other
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
HOLLY J. FUJIE
DENNIS J. LANDIN
OWEN LEE KWONG
JOEL L. LOFTON
CHRISTOPHER K. LUI
ROBERT B. BROADBELT
DANIEL M. CROWLEY
RAD HASSAN
HOJATI MANDANA
DOES 1 TO 20
SPURGEION VIRGINIA
RAD RYAN
RAD KIANA
RAD RYAN
HOJATI MANDANA
RAD KIANA
DREYER ROGER A.
DREYER ROGER ARTURO
CARNEGIE ALAN J. ESQ.
CARNEGIE ALAN JOSEPH
3/9/2020: Request for Dismissal
2/13/2020: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM
2/13/2020: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM
12/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 12/09/2019
10/18/2019: Petition to Approve Compromise of Disputed Claim
3/6/2019: Memorandum of Points & Authorities
3/6/2019: Declaration - Declaration of Thomas Gray in Support of Motion to Continue Trial
3/14/2019: Memorandum of Points & Authorities - FIRST AMENDED MEMORANDUM OF POINTS AND AUTHORITIES
2/9/2018: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS
12/24/2018: Notice of Rejection - Pleadings
8/27/2018: [ORDER] AND STIPULATION TO CONTINUE TRIAL FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY
5/2/2017: SUMMONS -
5/9/2017: DECLARATION OF MANDANA HOJATI
5/9/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL
5/18/2017: PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., 17O.6)
6/7/2017: Minute Order -
7/24/2017: DEFENDANVS ANSWER TO PLAINTIFFS' COMPLAINT; DEMAND FOR JURY TRIAL
8/23/2017: REQUEST FOR REFUND
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court
DocketRequest for Dismissal; Filed by Mandana Hojati (Legacy Party); Kiana Rad (Legacy Party); Ryan Rad (Legacy Party) et al.
DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by Mandana Hojati (Legacy Party)
DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by Mandana Hojati (Legacy Party)
Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Vacated
Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Vacated
Docketat 4:19 PM in Department 4A, Christopher K. Lui, Presiding; Court Order
DocketMinute Order ( (Court Order Re: Notice of Settlement)); Filed by Clerk
DocketNotice of Settlement; Filed by Hassan Rad (Plaintiff)
DocketCertificate of Mailing for ((Court Order Re: Notice of Settlement) of 12/09/2019); Filed by Clerk
DocketDECLARATION OF MANDANA HOJATI
DocketDeclaration; Filed by Plaintiff/Petitioner
DocketDeclaration; Filed by Plaintiff/Petitioner
DocketApplication ; Filed by Plaintiff/Petitioner
DocketDeclaration; Filed by Plaintiff/Petitioner
DocketDeclaration; Filed by Plaintiff/Petitioner
DocketApplication ; Filed by Plaintiff/Petitioner
DocketDECLARATION OF NON-CONFLICT BY ATTORNEY REPRESENTING NOMINEE AND MINOR
DocketComplaint; Filed by Hassan Rad (Plaintiff)
DocketSUMMONS
Case Number: BC660670 Hearing Date: November 05, 2019 Dept: 4A
Petition to Approve Minor’s Compromise (x2)
Having considered the petitioning papers, the Court rules as follows. No opposing papers were filed.
BACKGROUND
On May 9, 2017, Plaintiffs Kiana Rad and Ryan Rad, by and through their guardian ad litem Mandana Hojati; Mandana Hojati, and Hassan Rad filed a complaint against defendant Virginia Spurgeon (“Defendant”) alleging negligence for a head-on vehicle collision that occurred on October 22, 2016.
On October 18, 2019, Petitioner Mandana Hojati filed petitions to approve compromises of pending actions for Plaintiffs Kiana and Ryan.
Trial is set for January 22, 2020.
PARTY’S REQUESTS
Petitioner Aaron Mandana Hojati (“Petitioner”) requests that the Court grant petitions to approve a compromise of pending actions for Plaintiff Kiana (“Claimant Kiana”) and Plaintiff Ryan (“Claimant Ryan”).
LEGAL STANDARD
Pursuant to California Rules of Court, Rule 7.952(a), Petitioner, Claimant Kiana, and Claimant Ryan are required to attend the hearing on the petition. However, the Court finds that Claimant Kiana’s and Claimant Ryan’s attendance are not required due to their age and the settlement amount.
DISCUSSION
The Court finds the petitions should be approved.
All of the required attachments are included with the petitions.
Claimant Kiana is to receive a gross settlement of $3,000,000 from USAA Insurance on behalf of Defendant. $13,194.77 of the gross settlement is to be paid for medical expenses. Of this $13,194.77, $8,471.50 is to be reimburse to Petitioner for paid medical expenses, $3,015.52 is to be paid to Meridian Resource Co., and $1,707.75 is to be paid to Rawlings Co.
$900,000 of the gross settlement is to be paid for attorney’s fees, which represents 33% of the gross settlement. This is a reasonable amount after considering the amount of work Petitioner’s counsel performed in this matter as detailed in Attachment 14a. $4,541.81 of the gross settlement represents costs that are to be paid to Petitioner’s counsel. The remaining $2,082,263.42 net settlement is to be invested in a single-premium deferred annuity subject to withdrawal only from a Court order pursuant to the terms within Attachment 19a(3) of the petition.
Claimant Ryan is to receive a gross settlement of $50,000 from USAA Insurance on behalf of Defendant. $825.37 of the gross settlement is to be paid to The Rawlings Company for a medical lien. No costs or attorney’s fees are to be taken from the gross settlement. The remaining $49,174.63 net settlement is to be invested in a single-premium deferred annuity subject to withdrawal only from a Court order pursuant to the terms within Attachment 19a(3) of the petition.
The petitions for minors’ compromise filed on October 18, 2019 for Claimant Kiana and Claimant Ryan are APPROVED.
The Court shall sign the proposed orders concurrently filed with the October 18, 2019 petitions for minors’ compromise.
Petitioner is ordered to give notice of this ruling.