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This case was last updated from Los Angeles County Superior Courts on 05/28/2019 at 02:25:41 (UTC).

LIAM GREEN VS AQUARIUM OF THE PACIFIC ET AL

Case Summary

On 05/02/2017 LIAM GREEN filed a Personal Injury - Other Personal Injury lawsuit against AQUARIUM OF THE PACIFIC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9870

  • Filing Date:

    05/02/2017

  • 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 Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

GREEN LIAM

Defendants and Respondents

DOES 1 TO 100

LOS ANGELES COUNTY OF

LONG BEACH CITY OF

AQUARIUM OF THE PACIFIC

CALIFORNIA STATE OF

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BERGENER MIREJOVSKY APC

LAZAR MEGAN ROSE

Defendant Attorneys

WICKHAM MARY C

LAUTER RONALD JAMES

ESKUE DANIEL G. DEPUTY ATTORNEY GENERAL

GLASER JOEL PERRY ESQ.

 

Court Documents

PROOF OF SERVICE SUMMONS

4/3/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

4/11/2018: PROOF OF SERVICE SUMMONS

DEFENDANT COUNTY OF LOS ANGELES ANSWER TO COMPLAINT

4/30/2018: DEFENDANT COUNTY OF LOS ANGELES ANSWER TO COMPLAINT

ANSWER TO COMPLAINT OF DEFENDANT STATE OF CALIFORNIA ACTING BY AND THROUGH THE CALIFORNIA COASTAL COMMISSION AND DEMAND FOR JURY TRIAL

5/9/2018: ANSWER TO COMPLAINT OF DEFENDANT STATE OF CALIFORNIA ACTING BY AND THROUGH THE CALIFORNIA COASTAL COMMISSION AND DEMAND FOR JURY TRIAL

REQUEST FOR DISMISSAL

6/8/2018: REQUEST FOR DISMISSAL

DEFENDANT AQUARIUM OF THE PACIFIC'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL PLAINTIFF LIAM GREEN'S FURTHER RESPONSES TO REQUEST FOR ADMISSIONS, SET ONE

9/6/2018: DEFENDANT AQUARIUM OF THE PACIFIC'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL PLAINTIFF LIAM GREEN'S FURTHER RESPONSES TO REQUEST FOR ADMISSIONS, SET ONE

DEFFNDANT AQUARIUM OF THE PACIFIC'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL PLAINTIFF LIAM GREEN'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

9/6/2018: DEFFNDANT AQUARIUM OF THE PACIFIC'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL PLAINTIFF LIAM GREEN'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

DEFENDANT AQUARIUM OF THE PACIFIC'S NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE AND FOR AN AWARD OF MONETARY SANCTIONS I

9/6/2018: DEFENDANT AQUARIUM OF THE PACIFIC'S NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE AND FOR AN AWARD OF MONETARY SANCTIONS I

Unknown

10/30/2018: Unknown

Order

12/14/2018: Order

Minute Order

12/17/2018: Minute Order

Declaration

12/17/2018: Declaration

Notice of Ruling

12/26/2018: Notice of Ruling

Notice of Ruling

12/26/2018: Notice of Ruling

Notice of Settlement

1/23/2019: Notice of Settlement

Minute Order

5/10/2019: Minute Order

COMPLAINT FOR DAMAGES 1) DANGEROUS CONDITION OF PUBLIC PROPERTY (PER GOV'T. CODE 835 ET. SEQ.) ETC

5/2/2017: COMPLAINT FOR DAMAGES 1) DANGEROUS CONDITION OF PUBLIC PROPERTY (PER GOV'T. CODE 835 ET. SEQ.) ETC

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

5/3/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

28 More Documents Available

 

Docket Entries

  • 05/10/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal (Settlement) (- Unconditional Notice Filed 01/23/2019 -) - Held - Continued

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  • 05/10/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement) - Unconditiona...)); Filed by Clerk

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  • 05/02/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial (As to Remaining Defendants Aquarium of the Pacific and City of Long Beach - Only) - Not Held - Advanced and Vacated

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  • 04/18/2019
  • at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference (as to Remainitng Defendants Aquarium of the Pacific and City of Long Beach - Only) - Not Held - Advanced and Vacated

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  • 01/25/2019
  • at 6:39 PM in Department 3, Jon R. Takasugi, Presiding; Court Order

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  • 01/25/2019
  • Minute Order ( (Court Order Pursuant to Notice of Settlement;)); Filed by Clerk

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  • 01/25/2019
  • Certificate of Mailing for (Minute Order (Court Order Pursuant to Notice of Settlement;) of 01/25/2019); Filed by Clerk

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  • 01/23/2019
  • Notice of Settlement; Filed by Liam Green (Plaintiff)

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  • 12/26/2018
  • Notice of Ruling (on Motion to Compel Further Discovery Responses); Filed by Aquarium of the Pacific (Defendant)

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  • 12/26/2018
  • Notice of Ruling (on Motion to Compel Further Discovery Responses (Dec 17, 2018)); Filed by Aquarium of the Pacific (Defendant)

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60 More Docket Entries
  • 03/28/2018
  • Association of Attorney; Filed by Liam Green (Plaintiff)

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  • 03/26/2018
  • NOTICE OF ASSOCIATION OF COUNSEL

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  • 05/18/2017
  • Summons; Filed by Plaintiff/Petitioner

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  • 05/18/2017
  • SUMMONS

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  • 05/15/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 05/03/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 05/03/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 05/02/2017
  • COMPLAINT FOR DAMAGES 1) DANGEROUS CONDITION OF PUBLIC PROPERTY (PER GOV'T. CODE 835 ET. SEQ.) ETC

    Read MoreRead Less
  • 05/02/2017
  • Complaint; Filed by Liam Green (Plaintiff)

    Read MoreRead Less
  • 03/30/2017
  • Summons; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC659870    Hearing Date: December 28, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LIAM GREEN,

Plaintiff(s),

vs.

AQUARIUM OF THE PACIFIC, ET AL.,

Defendant(s).

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CASE NO: BC659870

[TENTATIVE] ORDER DENYING PETITION TO APPROVE COMPROMISE OF MINOR WITHOUT PREJUDICE

Dept. 31

1:30 p.m.

December 28, 2020

 

Plaintiff, Liam Green, a minor by and through his GAL, Patrick Green filed this action against Defendants, Aquarium of the Pacific, City of Long Beach, County of Los Angeles, and State of California for damages arising out of a slip and fall; a third party allegedly slipped and fell, causing Plaintiff to also fall. Plaintiff sustained a fractured tibia and fibula of the right leg, right leg pain, right knee pain, and right ankle pain. Plaintiff has recovered completely from the injuries.

The parties have agreed to settle the action. On 8/19/20, Petitioner filed an expedited petition to approve minor’s compromise, which was denied without prejudice on 9/02/20. In denying the expedited petition, the court issued the following order:

Plaintiff, by and though his guardian at litem and attorney of record, has agreed to settle this action for $25,599.00. If the settlement is approved, $3,778.18 will be used for medical expenses, $8,657.67 for attorney’s fees, and $2,609.55 for costs. The net balance of $10,953.60 will be deposited into a blocked account.

The court finds the settlement fair and reasonable; however, it is denied without prejudice for the following reason:

Counsel filed a declaration in support of a request for a 33.3% contingency fee. The court is not satisfied the efforts in this case justify such a high fee.

The court asks counsel to reduce the fee in connection with an amended petition, or to submit a declaration sufficiently detailing the efforts expended in this case.

(Min. Order 9/02/20.) On 9/30/20, Petitioner filed a supplemental declaration from counsel in support of the request for the 33.3% attorney’s fees request.

On 10/06/20, the court set an Order to Show Cause Re: Status of Expedited Petition/Petition to Approve Minor’s Compromise and set a hearing for a Petition to Confirm Minor’s Compromise for 12/15/20. (Min. Order 10/06/20.) The hearing for the OSC and Petition were then continued to 12/28/20. (Min. order 11/10/20.)

The court has reviewed the supplemental declaration filed by Plaintiff’s counsel. Counsel requests 33.3% be used for attorney’s fees. However, the court is not satisfied the efforts in this case justify such a high fee. The court asks counsel to reduce the fee in connection with an amended petition. The court does not typically award attorneys’ fees in excess of 25% in cases involving minors absent extraordinary efforts on the part of counsel.

Petitioner may file an expedited petition or a petition with a noticed hearing at Petitioner’s preference. Nothing further has been filed in connection with a petition to approve minor’s compromise.

Petitioner is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

 

Dated this 28th day of December, 2020

Hon. Thomas D. Long

Judge of the Superior Court

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