This case was last updated from Los Angeles County Superior Courts on 03/26/2020 at 23:43:51 (UTC).

LOGAN WILSON ET AL VS OWEN KEVIN CADDELL ET AL

Case Summary

On 02/23/2018 LOGAN WILSON filed a Personal Injury - Motor Vehicle lawsuit against OWEN KEVIN CADDELL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5200

  • Filing Date:

    02/23/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

MAHONEY RUTH

WILSON JAMES

Defendants, Respondents and Cross Plaintiffs

CADELL CODY

FERRARA JAEGER

CADDELL OWEN KEVIN

CADDELL KIM

COMFORT MAN HEATING AND AIR CONDITIONING

DOES 1 THROUGH 50

THE COMFORT MAN HEATING AND AIR CONDITIONING

Minor

WILSON LOGAN

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

LACK WALTER J. ESQ.

SACKEY LARRY A. ESQ.

LIPSCOMB STEVEN JOHN ESQ.

SACKEY LARRY ALAN ESQ.

Defendant and Cross Plaintiff Attorneys

MASSERMAN & DUCEY

KAHN MICHAEL A. ESQ.

EHRENREICH ROBERT M. ESQ.

MASSERMAN TERRI LYNN

KAHN MICHAEL ARTHUR ESQ.

MASSERMAN TERRI LYNN ESQ.

EHRENREICH ROBERT MICHAEL ESQ.

Defendant and Respondent Attorneys

KAHN MICHAEL A. ESQ.

EHRENREICH ROBERT M. ESQ.

 

Court Documents

Request for Dismissal

2/13/2020: 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

11/14/2019: 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 to Deposit Money Into Blocked Account

11/14/2019: Order to Deposit Money Into Blocked Account

Declaration - DECLARATION OF STEVEN J. LIPSCOMB IN SUPPORT OF REQUEST FOR GUARDIAN AD LITEM AND MINOR TO APPEAR AT MINOR'S COMPROMISE HEARING TELEPHONICALLY

11/8/2019: Declaration - DECLARATION OF STEVEN J. LIPSCOMB IN SUPPORT OF REQUEST FOR GUARDIAN AD LITEM AND MINOR TO APPEAR AT MINOR'S COMPROMISE HEARING TELEPHONICALLY

Memorandum - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR APPROVAL OF MINOR'S COMPROMISE; DECARATION OF STEVEN J. LIPSCOMB

11/7/2019: Memorandum - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR APPROVAL OF MINOR'S COMPROMISE; DECARATION OF STEVEN J. LIPSCOMB

Notice of Settlement

7/30/2019: Notice of Settlement

Order to Show Cause re: Dismissal (Settlement)

7/30/2019: Order to Show Cause re: Dismissal (Settlement)

Answer -

9/28/2018: Answer -

Answer -

8/31/2018: Answer -

Answer - to Cross-Complaint

8/31/2018: Answer - to Cross-Complaint

Summons on Cross Complaint -

6/8/2018: Summons on Cross Complaint -

PROOF OF SERVICE SUMMONS -

5/15/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

5/15/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

5/15/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

4/6/2018: SUMMONS -

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

3/20/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

3/20/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

COMPLAINT FOR DAMAGES

2/23/2018: COMPLAINT FOR DAMAGES

24 More Documents Available

 

Docket Entries

  • 03/12/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) (- Conditional Notice Filed 07/30/2019) - Not Held - Vacated by Court

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  • 03/12/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: (Compliance - Proof of Deposit of Monies Into Blocked Account) - Not Held - Vacated by Court

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  • 02/13/2020
  • DocketRequest for Dismissal; Filed by James Wilson (Plaintiff); Logan Wilson (Plaintiff); Ruth Mahoney (Plaintiff)

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  • 02/04/2020
  • DocketReceipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by James Wilson (Plaintiff); Logan Wilson (Plaintiff); Ruth Mahoney (Plaintiff)

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  • 11/19/2019
  • DocketNotice of Ruling; Filed by James Wilson (Plaintiff); Logan Wilson (Plaintiff); Ruth Mahoney (Plaintiff)

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  • 11/15/2019
  • Docketat 08:30 AM in Department 2, Mark A. Borenstein, Presiding; Order to Show Cause Re: Dismissal (Settlement) (- Conditional Notice Filed 07/30/2019) - Not Held - Advanced and Continued - by Court

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  • 11/14/2019
  • Docketat 1:30 PM in Department 2, Mark A. Borenstein, Presiding; Hearing on Motion - Other (Petition for Approval of Minor's Compromise) - Held - Motion Granted

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  • 11/14/2019
  • DocketMinute Order ( (Hearing on Petition To Approve Compromise of Disputed Claim /...)); Filed by Clerk

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  • 11/14/2019
  • DocketOrder to Deposit Money Into Blocked Account; Filed by James Wilson (Plaintiff)

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  • 11/14/2019
  • 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 James Wilson (Plaintiff)

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43 More Docket Entries
  • 04/06/2018
  • DocketSUMMONS

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  • 04/02/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 04/02/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/20/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/20/2018
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/20/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/06/2018
  • DocketReceipt; Filed by Logan Wilson (Plaintiff)

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  • 03/06/2018
  • DocketCIVIL DEPOSIT

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  • 02/23/2018
  • DocketComplaint; Filed by Ruth Mahoney (Plaintiff)

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  • 02/23/2018
  • DocketCOMPLAINT FOR DAMAGES

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Tentative Rulings

Case Number: BC695200    Hearing Date: November 14, 2019    Dept: 2

SUBJECT TO HEARING AND PERSONAL APPEARANCE THEREON:

The parties having appeared (CRC 7.952(a)), and the court having reviewed and heard the Petition to Approve Compromise of Disputed Claim of a Minor, the court finds that the settlement is reasonable, and based thereon, approves and GRANTS the petition with reduction in the amount of the allowable distribution for medical expenses.

Petitioner claims that there is a statutory or contractual lien for nursing services provided by Petitioner’s mother Ruth Mahoney in the amount of $50,000 (after “negotiated” reductions). Ms. Mahoney is a registered nurse with 25 years of nursing experience. Because of Claimant’s ongoing complications, Claimant could not return to Ecuador (where he lives). They remained in the Malibu area until he completed treatment. Declaration of Ruth Mahoney. Ms. Mahoney provided around-the-clock caretaking for her son, which included nursing services.

The Court finds that Ms. Mahoney’s entitlement to these funds has not been sufficiently substantiated. It has not been shown that Petitioner incurred an obligation to pay these amounts through any contract or through any lien that arose by operation of statute. Further, there is insufficient evidence presented regarding the reasonable value of these services. There is also insufficient evidence to support the conclusion that around-the-clock nursing services were required (or provided), as opposed to intermittent nursing services and around-the-clock parental caretaking.

The Court finds it irrelevant to this petition that Ms. Mahoney lost business opportunities and earnings as a result of providing care to her son. Such economic damages would be relevant to her own claim for damages, but she may not seek reimbursement for these amounts from the settlement obtained on behalf of her son. The Court thus declines to approve this disbursement.

The court approves the following distribution of the settlement proceeds:

Attorney’s fees: $500,000.00

Medical expenses 102,468.46

Costs 29,662.76

Total fees and costs $632,131.22

Total Settlement $1,500,000.00

Less credits -632,131.22

Net Settlement $867,868.78

The proposed order is incomplete. Petitioner does not include all distribution amounts and payees. Page 3 of the petition for disbursement of the settlement funds is blank. Petitioner is ordered to submit a proposed order for deposit into blocked account and a fully completed order approving the compromise. The annuity schedule is also not attached to the proposed order.

Proposed orders are to be submitted at the time of the hearing.

THE COURT SETS AN OSC RE PROOF OF DEPOSIT AND PURCHASE OF ANNUITY ON MARCH 12, 2019 AT 8:30 AM. No appearance required if receipt filed. An OSC: re dismissal is set for the same date and time.

Moving party to give notice.