This case was last updated from Los Angeles County Superior Courts on 11/27/2019 at 00:04:41 (UTC).

KIEN TRIEU VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Case Summary

On 06/11/2018 a Personal Injury - Other Personal Injury case was filed by KIEN TRIEU against LOS ANGELES UNIFIED SCHOOL DISTRICT in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9175

  • Filing Date:

    06/11/2018

  • 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 Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

TRIEU KATIE

Defendants and Respondents

LOS ANGELES UNIFIED SCHOOL DISTRICT

DOES 1 TO 100

Guardian Ad Litem

TRIEU KIEN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GREEN NOAH ESQ.

 

Court Documents

Petition to Approve Compromise of Disputed Claim

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

Notice - NOTICE OF CONDITIONAL SETTLEMENT

10/21/2019: Notice - NOTICE OF CONDITIONAL SETTLEMENT

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

11/1/2019: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE OF DISPUTED...)

Petition to Approve Compromise of Disputed Claim

11/7/2019: Petition to Approve Compromise of Disputed Claim

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE NOTICE OF CONDITIONAL SETTLEMENT) OF 11/08/2019

11/8/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE NOTICE OF CONDITIONAL SETTLEMENT) OF 11/08/2019

Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF CONDITIONAL SETTLEMENT)

11/8/2019: Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF CONDITIONAL SETTLEMENT)

Notice of Posting of Jury Fees

6/11/2019: Notice of Posting of Jury Fees

DEFENDANTS LOS ANGELES UNIFIED SCHOOL DISTRICTS ANSWER TO PLAINTIFFS COMPLAINT;DEMAND FOR JURY TRIAL

8/29/2018: DEFENDANTS LOS ANGELES UNIFIED SCHOOL DISTRICTS ANSWER TO PLAINTIFFS COMPLAINT;DEMAND FOR JURY TRIAL

PROOF OF SERVICE SUMMONS -

8/6/2018: PROOF OF SERVICE SUMMONS -

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

6/13/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS -

7/5/2018: SUMMONS -

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

6/11/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

 

Docket Entries

  • 03/17/2020
  • Hearing03/17/2020 at 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 12/09/2019
  • Hearing12/09/2019 at 13:30 PM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise

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  • 11/25/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 11/08/2019
  • Docketat 3:45 PM in Department 4B, Laura A. Seigle, Presiding; Court Order

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  • 11/08/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment

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  • 11/08/2019
  • DocketCertificate of Mailing for ((Court Order re Notice of Conditional Settlement) of 11/08/2019); Filed by Clerk

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  • 11/08/2019
  • DocketMinute Order ( (Court Order re Notice of Conditional Settlement)); Filed by Clerk

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  • 11/07/2019
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by Katie Trieu (Plaintiff)

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  • 11/06/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Adjudication - Not Held - Taken Off Calendar by Party

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  • 11/01/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Petition to Confirm Minor's Compromise (of Disputed Claim for Minor Katie Trieu) - Held - Motion Denied

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9 More Docket Entries
  • 08/29/2018
  • DocketAnswer; Filed by Los Angeles Unified School District (Defendant)

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  • 08/29/2018
  • DocketDEFENDANTS LOS ANGELES UNIFIED SCHOOL DISTRICTS ANSWER TO PLAINTIFFS COMPLAINT;DEMAND FOR JURY TRIAL

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  • 08/06/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/06/2018
  • DocketProof-Service/Summons; Filed by Kien Trieu (Legacy Party); Katie Trieu (Plaintiff)

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  • 07/05/2018
  • DocketSUMMONS

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  • 07/05/2018
  • DocketSummons; Filed by Kien Trieu (Legacy Party); Katie Trieu (Plaintiff)

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  • 06/13/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 06/13/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 06/11/2018
  • DocketComplaint; Filed by Katie Trieu (Plaintiff)

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  • 06/11/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC709175    Hearing Date: January 07, 2020    Dept: 4B

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

Claimant Katie Trieu (“Claimant”), a minor, by and through her Guardian Ad Litem, Kien Trieu (“Petitioner”), has agreed to settle her claims against Defendant Los Angeles Unified School District in exchange for $24,000.00. If approved, $470.42 will be used for medical expenses, $6,000.00 will be used for attorney’s fees, and $1,229.72 will be used for non-medical expenses, leaving a balance of $16,299.86 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for March 9, 2020 for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the January 7, 2020 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

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.

Case Number: BC709175    Hearing Date: December 09, 2019    Dept: 4B

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

Claimant Katie Trieu (“Claimant”), a minor, by and through her Guardian Ad Litem, Kien Trieu (“Petitioner”), has agreed to settle her claims against Defendant Los Angeles Unified School District in exchange for $24,000.00. If approved, $470.42 will be used for medical expenses, $6,000.00 will be used for attorney’s fees, and $1,229.72 will be used for non-medical expenses, leaving a balance of $16,299.86 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable. However, Attachment 19(a)(2) states that the amount to be deposited is $14,895.00, whereas Item 19(b)(2) and the other paper work states that the balance is $16,299.86, leaving it unclear as to the final settlement amount to be deposited. Also, there is no evidence that Kaiser Permanente has agreed to take a negotiated reduction of $8,727.58 in fees for medical services.

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.

Case Number: BC709175    Hearing Date: November 01, 2019    Dept: 4B

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

Claimant Katie Trieu (“Claimant”), a minor, by and through her Guardian Ad Litem, Kien Trieu (“Petitioner”), has agreed to settle her claims against Defendant Los Angeles Unified School District in exchange for $24,000. If approved, $470 will be used for medical expenses, $6,000 will be used for attorney’s fees, and $0 will be used for non-medical expenses. Court approval is required for all settlements of a minor’s claim. (Probate Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)

The Court has reviewed the proposed settlement and finds that it is deficient. First, it is unclear what the balance to Claimant is or how the balance should be disbursed. Attachment 19(a)(2) and the Proposed Order requests that $14,984 be deposited into a blocked account, while Items 19(a)(1) and (a)(2) of the Petition request that a balance of $17,530 be deposited into a blocked account.

Item 19a states there is a guardianship of the estate of the minor or conservatorship. A guardianship of the estate of the minor is not the same as a guardian ad litem. There is no evidence that the Petitioner has been appointed as a guardian of the estate of the minor or as a conservator.

Petitioner did not submit a completed Order Approving Compromise (form MC-351).

Accordingly, 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. The Court will be dark on November 1, 2019. A party requesting a hearing should contact Department 4B for an alternate hearing date.