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This case was last updated from Los Angeles County Superior Courts on 06/30/2019 at 01:49:50 (UTC).

LILY DEUTSCH ET AL VS POLY & BARK ET AL

Case Summary

On 01/04/2018 LILY DEUTSCH filed a Personal Injury - Other Product Liability lawsuit against POLY BARK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8955

  • Filing Date:

    01/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • 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, Petitioner and Guardian Ad Litem

DEUTSCH DANIELLA

Defendants and Respondents

OVERSTOCK.COM INC

DOES 1 TO 50

POLY & BARK

Cross Plaintiff

ASHTEAD HOLDINGS INC.

Minor

DEUTSCH LILY

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

SAADIAN BOBBY ESQ.

JONES COLIN M. ESQ.

Defendant and Respondent Attorneys

ZIMMERMAN BRIAN F. ESQ.

ZIMMERMAN BRIAN FREDRICK ESQ.

Other Attorneys

TORRES NICOLE IDALIZ ESQ.

SAADIAN BABAK BOBBY ESQ.

 

Court Documents

Notice of Deposit

12/19/2018: Notice of Deposit

Opposition

4/2/2019: Opposition

Notice

4/2/2019: Notice

Minute Order

4/2/2019: Minute Order

Request for Judicial Notice

4/11/2019: Request for Judicial Notice

Opposition

6/17/2019: Opposition

Declaration

6/17/2019: Declaration

Request for Judicial Notice

6/17/2019: Request for Judicial Notice

Reply

6/27/2019: Reply

Request for Judicial Notice

6/27/2019: Request for Judicial Notice

ASHTEAD HOLDINGS INC.CROSS COMPLAINT FOR PARTIAL INDEMINITY;AND ETC.

3/27/2018: ASHTEAD HOLDINGS INC.CROSS COMPLAINT FOR PARTIAL INDEMINITY;AND ETC.

ASHTEAD HOLDINGS INC.S ANSWER TO PLAINTIFFS COMPLAINT

3/27/2018: ASHTEAD HOLDINGS INC.S ANSWER TO PLAINTIFFS COMPLAINT

CROSS-DEFENDANT DANTELLA DEUTSCH'S ANSWER TO CROSS-COMPLAINT

2/27/2018: CROSS-DEFENDANT DANTELLA DEUTSCH'S ANSWER TO CROSS-COMPLAINT

OVERSTOCK.COM, INC.?S CROSSCOMPLAINT FOR

2/5/2018: OVERSTOCK.COM, INC.?S CROSSCOMPLAINT FOR

OVERSTOCK.COM INC.'S ANSWER TO PLAINTIFFS COMPLAINTS

2/5/2018: OVERSTOCK.COM INC.'S ANSWER TO PLAINTIFFS COMPLAINTS

PROOF OF SERVICE SUMMONS & COMPLAINT

1/11/2018: PROOF OF SERVICE SUMMONS & COMPLAINT

PROOF OF SERVICE SUMMONS & COMPLAINT

1/11/2018: PROOF OF SERVICE SUMMONS & COMPLAINT

COMPLAINT FOR DAMAGES: 1. STRICT PRODUCTS LIABILITY; ETC

1/4/2018: COMPLAINT FOR DAMAGES: 1. STRICT PRODUCTS LIABILITY; ETC

13 More Documents Available

 

Docket Entries

  • 06/27/2019
  • Reply (Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment); Filed by Ashtead Holdings, Inc. (Cross-Complainant); Overstock.com, Inc (Defendant)

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  • 06/27/2019
  • Separate Statement; Filed by Ashtead Holdings, Inc. (Cross-Complainant); Overstock.com, Inc (Defendant)

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  • 06/17/2019
  • Declaration (Declaration); Filed by Lily Deutsch (Legacy Party)

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  • 06/17/2019
  • Separate Statement; Filed by Lily Deutsch (Legacy Party)

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  • 06/17/2019
  • Opposition (Opposition to Motion for Summary Judgment); Filed by Lily Deutsch (Legacy Party)

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  • 05/20/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 04/11/2019
  • Declaration (of Michele L. Benson in support of MSJ); Filed by Ashtead Holdings, Inc. (Cross-Complainant); Overstock.com, Inc (Defendant)

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  • 04/11/2019
  • Separate Statement; Filed by Ashtead Holdings, Inc. (Cross-Complainant); Overstock.com, Inc (Defendant)

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  • 04/11/2019
  • Defendants' Notice of Motion and Motion for Summary Judgment; Filed by Ashtead Holdings, Inc. (Cross-Complainant); Overstock.com, Inc (Defendant)

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  • 04/02/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (to Continue Trial and Related Dates) - Held - Motion Granted

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19 More Docket Entries
  • 02/05/2018
  • Summons; Filed by Overstock.com, Inc (Defendant)

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  • 01/25/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 01/25/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/19/2018
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 01/19/2018
  • Proof-Service/Summons; Filed by Lily Deutsch (Legacy Party)

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  • 01/11/2018
  • Proof-Service/Summons; Filed by Lily Deutsch (Legacy Party)

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  • 01/11/2018
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 01/11/2018
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 01/04/2018
  • COMPLAINT FOR DAMAGES: 1. STRICT PRODUCTS LIABILITY; ETC

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  • 01/04/2018
  • Complaint; Filed by null

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Tentative Rulings

Case Number: BC688955    Hearing Date: January 19, 2021    Dept: 27

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LILY DEUTSCH, et al.,

Plaintiff(s),

vs.

POLY & BARK, et al.,

Defendant(s).

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.: BC688955

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

Dept. 27

8:30 a.m.

January 19, 2021

Claimant Lily Deutsch (“Claimant”), a minor, by and through her parent and guardian ad litem, Daniella Deutsch (“Petitioner”), has agreed to settle her claims against Defendants Poly & Bark, Overstock.com, Inc., and Ashtead Holdings, Inc. in exchange for $215,000.  If approved, $6,824.81 will be used for medical expenses, $86,000 will be used for attorney’s fees, and $26,506.83 will be used for non-medical expenses, leaving a balance of $95,668.36 for Claimant, to be invested into a single-premium deferred annuity.

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 40% of the total settlement, is fair and reasonable given the extensive motion practice and litigation history of the case. However, the Petition states that non-medical expenses are $26,506.83 in Item 14 but $30,000.17 in Item 17d. Attachment 14b shows the total amount due for costs is $26,506.83.  Also, Item 13a(2) states that $6,824.81 in medical expenses needs to be paid from the proceeds.  Although Item 13b(1) is checked, the box does not indicate how much Petitioner will be reimbursed.  $1,992.61 is stated to have been paid by a plan but there is no indication whether the plan is requesting reimbursement.  Last, there is no evidence regarding the outstanding liens of medical service providers or their agreement to accept reduced charges for their services.  

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

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the January 19, 2020 hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that neither Petitioner nor Claimant’s appearance is necessary. 

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.  

Dated this 19th day of January  2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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