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This case was last updated from Los Angeles County Superior Courts on 07/27/2020 at 22:21:42 (UTC).

MAHNOOR ASIF VS REDONDO BEACH UNIFIED SCHOOL DISTRICT ET AL

Case Summary

On 11/03/2017 MAHNOOR ASIF filed a Personal Injury - Other Personal Injury lawsuit against REDONDO BEACH UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2459

  • Filing Date:

    11/03/2017

  • 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 Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Defendants, Respondents and Cross Plaintiffs

REDONDO BEACH UNIFIED SCHOOL DISTRICT

LOS ANGELES COUNTY OFFICE OF EDUCATION

DOES 1 TO 100

Defendant, Respondent and Cross Defendant

LOS ANGELES COUNTY OFFICE OF EDUCATION

Guardian Ad Litem and Not Classified By Court

ELLAHI SAIMA

Minor

ASIF MAHNOOR

Attorney/Law Firm Details

Defendant Attorneys

MEYERS NEAL S. ESQ.

MEYERS NEAL

ANDRADE VIBIANA M.

Cross Plaintiff Attorney

WISEMAN THOMAS ANDREW ESQ.

Cross Defendant Attorney

ANDRADE VIBIANA MARIA

Not Classified By Court Attorney

RYAN CHARLES CHRISTOPHER

Minor Attorney

HARTING SIMKINS & RYAN LLP

 

Court Documents

Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MOTION PURSUANT TO EMERGENCY OR...)

4/27/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MOTION PURSUANT TO EMERGENCY OR...)

Minute Order - MINUTE ORDER (COURT ORDER ADDITIONAL ORDER RE: CONTINUANCE OF THE SPECIAL N...)

4/27/2020: Minute Order - MINUTE ORDER (COURT ORDER ADDITIONAL ORDER RE: CONTINUANCE OF THE SPECIAL N...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/24/2020

3/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/24/2020

REQUEST FOR DISMISSAL -

1/26/2018: REQUEST FOR DISMISSAL -

NOTICE WITHDRAWING DEMURRER OF DEFENDANT LOS ANGELES COUNTY OFFICE OF EDUCATION AND TAKING HEARING OFF CALENDAR

2/8/2018: NOTICE WITHDRAWING DEMURRER OF DEFENDANT LOS ANGELES COUNTY OFFICE OF EDUCATION AND TAKING HEARING OFF CALENDAR

Minute Order -

2/16/2018: Minute Order -

Answer -

3/2/2018: Answer -

Proof of Service by Mail -

3/2/2018: Proof of Service by Mail -

Notice of Ruling -

8/3/2018: Notice of Ruling -

Demand for Jury Trial - Demand for Jury Trial and Posting of Jury Fees

11/5/2018: Demand for Jury Trial - Demand for Jury Trial and Posting of Jury Fees

Notice - Notice Notice of Unavailability of Counsel

1/7/2019: Notice - Notice Notice of Unavailability of Counsel

Proof of Service (not Summons and Complaint)

3/1/2019: Proof of Service (not Summons and Complaint)

Response - ANSWER TO FIRST AMENDED CROSS COMPLAINT

4/5/2019: Response - ANSWER TO FIRST AMENDED CROSS COMPLAINT

Notice of Rejection - Pleadings

4/25/2019: Notice of Rejection - Pleadings

Proof of Service by Mail

5/13/2019: Proof of Service by Mail

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

5/23/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

SUMMONS -

12/12/2017: SUMMONS -

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

11/3/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

52 More Documents Available

 

Docket Entries

  • 09/10/2020
  • Hearing09/10/2020 at 13:30 PM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise with Special Needs Trust

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  • 09/10/2020
  • Hearing09/10/2020 at 13:30 PM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 08/13/2020
  • Hearing08/13/2020 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Monetary Sanctions for Failure to Comply with Court's Order

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  • 07/15/2020
  • Docketat 11:50 AM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 07/15/2020
  • Docketat 4:00 PM in Department 31, Thomas D. Long, Presiding; Non-Appearance Case Review (Re submission of Order granting petition of compromise of minors claim) - Held

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  • 07/15/2020
  • DocketMinute Order ( (Non-Appearance Case Review Re submission of Order granting pe...)); Filed by Clerk

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  • 07/15/2020
  • DocketCertificate of Mailing for ((Court Order Re Failure to Comply with Court Order of 4/27/20;) of 07/15/2020); Filed by Clerk

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  • 07/15/2020
  • DocketMinute Order ( (Court Order Re Failure to Comply with Court Order of 4/27/20;)); Filed by Clerk

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  • 07/15/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review Re submission of Order granting pe...) of 07/15/2020); Filed by Clerk

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  • 07/09/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((Conditional - Approval of Minor's Compromise)) - Not Held - Advanced and Continued - by Court

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104 More Docket Entries
  • 12/12/2017
  • DocketSummons Issued; Filed by Saima Ellahi (Legacy Party); Mahnoor Asif (Legacy Party)

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  • 12/12/2017
  • DocketSummons; Filed by Clerk

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  • 12/12/2017
  • DocketSUMMONS

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  • 12/12/2017
  • DocketSummons Issued; Filed by Clerk

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  • 11/27/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 11/27/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 11/03/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 11/03/2017
  • DocketComplaint; Filed by null

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  • 01/22/2017
  • DocketProof-Service/Summons; Filed by Saima Ellahi (Legacy Party); Mahnoor Asif (Legacy Party)

    Read MoreRead Less
  • 01/08/2017
  • DocketProof-Service/Summons; Filed by Saima Ellahi (Legacy Party); Mahnoor Asif (Legacy Party)

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Tentative Rulings

Case Number: BC682459    Hearing Date: December 28, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MAHNOOR ASIF,

Plaintiff(s),

vs.

REDONDO BEACH UNIFIED SCHOOL DISTRICT, ET AL.,

Defendant(s).

)

)

)

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CASE NO: BC682459

[TENTATIVE] ORDER CONDITIONALLY GRANTING PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR WITH A DISABILITY

Dept. 31

1:30 p.m.

December 28, 2020

 

Plaintiff, Mahnoor Asif, by and though her guardian ad litem, Saima Ellahi, filed this action against Defendants Redondo Beach Unified School District and Los Angeles County Office of Education for damages Mahnoor sustained at an elementary school when Mahnoor’s wheelchair got caught in a large crack on the playground causing her wheelchair to fall over and causing her head to hit the ground. Mahnoor sustained a laceration above her right eye requiring stiches, several facial abrasions and bruises. Mahnoor has recovered completely from her injuries.

Mahnoor, by and though her guardian ad litem and attorney of record, has agreed to settle all claims with Defendants for the total amount of $50,000.00. If the settlement is approved, $70.91 will be used for medical expenses, $12,500.00 for attorney’s fees, and $7,424.67 for costs. The net balance of $30,004.42 will be paid or transferred to the trustee of a special needs trust.

This matter was originally heard on 9/10/20, where the Court continued it after conferring with counsel. On 10/7/20, Petitioner filed the instant amended petition.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, as they amount to 25% of the settlement amount.

Petitioner proposes to transfer the settlement proceeds to the trustee of a special needs trust. The probate attorney has reviewed the proposed SNT, and the Court will discuss the probate attorney’s notes with Counsel at the time of the hearing.

However, prior to the hearing Petitioner must submit a revised Order on form MC-351 with the following changes made:

(a) The caption and paragraph 2 should be corrected to reflect the current hearing date of 12/28/2020.

(b) Attachment 12 has page 2 JTD # 1 needs to include: and to complete and execute the joinder agreement;

(c) Attachment 12 has , page 2 JTD # 8 date should be changed from 2020 to 2021; same for JTD # 11.

(d) The last page of the Order needs a date and signature line for the Judge to sign.

(e) It is unclear why letter from Dept of Health Care Services needs to be included in the order. Petitioner should omit it or explain at the hearing why it is needed.

(f) It is unclear why Exhibit 3 needs to be in the order. Petitioner should omit it or explain why it is needed.

Pursuant to CRC 7.952, unless appearance is excused, Plaintiff and Petitioner must appear and testify to the satisfaction of the Court before the Court grants the petition. The Court finds Plaintiff’s condition is such that the need for her personal appearance is excused. Petitioner must appear at the hearing and testify to the satisfaction of the Court before the Court will grant the petition. Appearances are encouraged to be done remotely at this time. If the Court is satisfied with Petitioner’s testimony and the revised Order is provided as detailed above, the Court will sign the order.

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

Case Number: BC682459    Hearing Date: November 04, 2020    Dept: 31

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MAHNOOR ASIF,

Plaintiff(s),

vs.

REDONDO BEACH UNIFIED SCHOOL DISTRICT, ET AL.,

Defendant(s).

)

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)

)

)

)

)

)

)

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)

CASE NO: BC682459

[TENTATIVE] ORDER CONTINUING PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR WITH A DISABILITY

Dept. 31

1:30 p.m.

November 4, 2020

 

Plaintiff, Mahnoor Asif, by and though her guardian ad litem, Saima Ellahi, filed this action against Defendants Redondo Beach Unified School District and Los Angeles County Office of Education for damages Mahnoor sustained at an elementary school when Mahnoor’s wheelchair got caught in a large crack on the playground causing her wheelchair to fall over and causing her head to hit the ground. Mahnoor sustained a laceration above her right eye requiring stiches, several facial abrasions and bruises. Mahnoor has recovered completely from her injuries.

Mahnoor, by and though her guardian ad litem and attorney of record, has agreed to settle all claims with Defendants for the total amount of $50,000.00. If the settlement is approved, $70.91 will be used for medical expenses, $12,500.00 for attorney’s fees, and $7,424.67 for costs. The net balance of $30,004.42 will be paid or transferred to the trustee of a special needs trust.

This matter was originally heard on 9/10/20, where the Court continued it after conferring with counsel. On 10/7/20, Petitioner filed the instant amended petition.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, as they amount to 25% of the settlement amount.

Nonetheless, the petition seeks to have the net balance of the settlement deposited in a special needs trust. The probate attorney needs additional time to review the terms of the special needs trust and ensure it is in order before the petition can be granted.

The hearing on the petition is continued to 12/28/20 at 1:30 p.m. in Department 31 of the Spring Street Courthouse.

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 4th day of November, 2020

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC682459    Hearing Date: September 10, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MAHNOOR ASIF,

Plaintiff(s),

vs.

REDONDO BEACH UNIFIED SCHOOL DISTRICT, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC682459

[TENTATIVE] ORDER DENYING PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR WITH A DISABILITY WITHOUT PREJUDICE

Dept. 31

1:30 p.m.

September 10, 2020

 

Plaintiff, Mahnoor Asif, by and though her guardian ad litem, Saima Ellahi, filed this action against Defendants Redondo Beach Unified School District and Los Angeles County Office of Education for damages Mahnoor sustained at an elementary school when Mahnoor’s wheelchair got caught in a large crack on the playground causing her wheelchair to fall over and causing her head to hit the ground. Mahnoor sustained a laceration above her right eye requiring stiches, several facial abrasions and bruises. Mahnoor has recovered completely from her injuries.

Mahnoor, by and though her guardian ad litem and attorney of record, has agreed to settle all claims with Defendants for the total amount of $50,000.00. If the settlement is approved, $70.91 will be used for medical expenses, $12,500.00 for attorney’s fees, and $7,424.67 for costs. The net balance of $30,004.42 will be paid or transferred to the trustee of a special needs trust.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, as they amount to 25% of the settlement amount. However, the Petition is denied without prejudice for the following reasons:

  1. The Court finds that Mahnoor Asif has a disability that substantially impairs the individual’s ability to provide for the individual’s own care or custody and constitutes a substantial handicap; (Prob. Code 3604 (b)(1) );

  2. The Court finds that Mahnoor Asif is likely to have special needs that will not be met without the trust; (Prob. Code 3604 (b)(2) );

  3. The court finds that money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the person with a disability; (Prob.Code 3604 (b)(3)

The Court orders as follows:

  1. The court authorizes Saima Ellahi, Guardian Ad Litem to establish a First Party Special Needs Trust for for Mahnoor Asif with Jewish Los Angeles Special Needs Services, Inc and to complete and execute the joinder agreement;

  2. The Court appoints Denise Klein as trustee;

  3. The court orders a Trustee’s Bond in the sum of $ 30,000;

  4. The court orders a bond be posted for all trustees pursuant to LA Superior Court Rule 4.116a (5) and California Rules of Court, Rule 7.903 c (5);

  5. The court orders that modification or revocation of the trust are prohibited without court approval; (See LA Superior Court Rule 4.116a (2) and California Rules of Court, Rule 7.903 c (2));

  6. The court orders that Mahnoor Asif’s sub account with Jewish Los Angeles Special Needs Services, Inc. is to comply with Los Angeles Superior Court Rule 4.116 and 4.117 and California Rules of Court, Rule 7.903 and is subject to the continuing jurisdiction of the Los Angeles Superior Court;

  7. The court orders that trustee’s fees and attorney’s fees are subject to prior court approval;

  8. The Trustee is ordered to open the trust file by _____________, 2020, for the Trust by filing with the Probate Department of the LA Superior Court a “Notice of Commencement of Proceedings for a Court Supervised Trust”(LASC Form PRO 044) in order to have a probate case number assigned to this trust pursuant to LASC Rule 4.115 (e ) and so that the Probate Court can enter this trust in its computer tracking system;

  9. The court orders the Trustee to attach a certified copy of the settlement order establishing the trust and a copy of the trustees’ bond to the Notice of Commencement of Proceeding for a Court Supervised Trust (LASC Rule 4.115 (e);

  10. The Trustee is ordered to set a status hearing date in the trust file 14 months from the date of this order for Probate Court to check on the timely filing of the Trustees’ first account current;

  11. The Court sets a status hearing on ________________, at_____ in Dept SS31 to determine if the petitioner has filed proof in the civil case that the trust file has been opened in the Probate Department of the LA Superior Court;

  12. The court orders the first account for the Trust to be filed in the trust file supervised by the Probate Department of the LA Superior Court within 12 months for the date of the order approving the establishment of the Trust.

Pursuant to CRC 7.952, unless appearance is excused, Plaintiff and Petitioner must appear and testify to the satisfaction of the Court before the Court grants the petition. The Court finds Plaintiff’s condition is such that the need for her personal appearance is excused. Petitioner must appear at the hearing and testify to the satisfaction of the Court before the Court will grant the petition.

Petitioner is ordered to give notice of this ruling.

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 10th day of September, 2020

Hon. Thomas D. Long

Judge of the Superior Court

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