This case was last updated from Los Angeles County Superior Courts on 03/18/2020 at 05:19:03 (UTC).

KIANA RAD ET AL VS VIRGINIA SPURGEON

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0670

  • Filing Date:

    05/09/2017

  • 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 Judges

HOLLY J. FUJIE

DENNIS J. LANDIN

OWEN LEE KWONG

JOEL L. LOFTON

CHRISTOPHER K. LUI

ROBERT B. BROADBELT

DANIEL M. CROWLEY

 

Party Details

Plaintiffs, Petitioners, Guardian Ad Litems and Not Classified By Court

RAD HASSAN

HOJATI MANDANA

Defendants and Respondents

DOES 1 TO 20

SPURGEION VIRGINIA

Minors and Not Classified By Court

RAD RYAN

RAD KIANA

Minors, Not Classified By Court and Guardian Ad Litems

RAD RYAN

HOJATI MANDANA

RAD KIANA

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

DREYER ROGER A.

DREYER ROGER ARTURO

Defendant and Respondent Attorneys

CARNEGIE ALAN J. ESQ.

CARNEGIE ALAN JOSEPH

 

Court Documents

Request for Dismissal

3/9/2020: Request for Dismissal

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

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

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 12/09/2019

12/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 12/09/2019

Petition to Approve Compromise of Disputed Claim

10/18/2019: Petition to Approve Compromise of Disputed Claim

Memorandum of Points & Authorities

3/6/2019: Memorandum of Points & Authorities

Declaration - Declaration of Thomas Gray in Support of Motion to Continue Trial

3/6/2019: Declaration - Declaration of Thomas Gray in Support of Motion to Continue Trial

Memorandum of Points & Authorities - FIRST AMENDED MEMORANDUM OF POINTS AND AUTHORITIES

3/14/2019: Memorandum of Points & Authorities - FIRST AMENDED MEMORANDUM OF POINTS AND AUTHORITIES

INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS

2/9/2018: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS

Notice of Rejection - Pleadings

12/24/2018: Notice of Rejection - Pleadings

[ORDER] AND STIPULATION TO CONTINUE TRIAL FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

8/27/2018: [ORDER] AND STIPULATION TO CONTINUE TRIAL FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

SUMMONS -

5/2/2017: SUMMONS -

DECLARATION OF MANDANA HOJATI

5/9/2017: DECLARATION OF MANDANA HOJATI

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

5/9/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., 17O.6)

5/18/2017: PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., 17O.6)

Minute Order -

6/7/2017: Minute Order -

DEFENDANVS ANSWER TO PLAINTIFFS' COMPLAINT; DEMAND FOR JURY TRIAL

7/24/2017: DEFENDANVS ANSWER TO PLAINTIFFS' COMPLAINT; DEMAND FOR JURY TRIAL

REQUEST FOR REFUND

8/23/2017: REQUEST FOR REFUND

26 More Documents Available

 

Docket Entries

  • 03/12/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 03/09/2020
  • DocketRequest for Dismissal; Filed by Mandana Hojati (Legacy Party); Kiana Rad (Legacy Party); Ryan Rad (Legacy Party) et al.

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  • 02/13/2020
  • 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)

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  • 02/13/2020
  • 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)

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  • 01/22/2020
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 01/08/2020
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 12/09/2019
  • Docketat 4:19 PM in Department 4A, Christopher K. Lui, Presiding; Court Order

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  • 12/09/2019
  • DocketMinute Order ( (Court Order Re: Notice of Settlement)); Filed by Clerk

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  • 12/09/2019
  • DocketNotice of Settlement; Filed by Hassan Rad (Plaintiff)

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  • 12/09/2019
  • DocketCertificate of Mailing for ((Court Order Re: Notice of Settlement) of 12/09/2019); Filed by Clerk

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54 More Docket Entries
  • 05/09/2017
  • DocketDECLARATION OF MANDANA HOJATI

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  • 05/09/2017
  • DocketDeclaration; Filed by Plaintiff/Petitioner

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  • 05/09/2017
  • DocketDeclaration; Filed by Plaintiff/Petitioner

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  • 05/09/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 05/09/2017
  • DocketDeclaration; Filed by Plaintiff/Petitioner

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  • 05/09/2017
  • DocketDeclaration; Filed by Plaintiff/Petitioner

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  • 05/09/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 05/09/2017
  • DocketDECLARATION OF NON-CONFLICT BY ATTORNEY REPRESENTING NOMINEE AND MINOR

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  • 05/09/2017
  • DocketComplaint; Filed by Hassan Rad (Plaintiff)

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  • 05/02/2017
  • DocketSUMMONS

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Tentative Rulings

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.