This case was last updated from Los Angeles County Superior Courts on 07/06/2019 at 01:42:00 (UTC).

MATTHEW B NIAN VS MY GYM OF PASADENA LLC

Case Summary

On 01/30/2018 a Personal Injury - Other Personal Injury case was filed by MATTHEW B NIAN against MY GYM OF PASADENA LLC 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:

    ****2264

  • Filing Date:

    01/30/2018

  • 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

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

NIAN MATTHEW B.

Respondents and Defendants

MY GYM OF PASADENA LLC

DOES 1 THROUGH 50

Guardian Ad Litem

LEE JEONGMIN

 

Court Documents

CIVIL DEPOSIT

9/20/2018: CIVIL DEPOSIT

Notice of Posting of Jury Fees

12/14/2018: Notice of Posting of Jury Fees

Motion to Compel Further Discovery Responses

3/19/2019: Motion to Compel Further Discovery Responses

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

5/23/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

Stipulation - No Order

6/22/2018: Stipulation - No Order

Defendant's Claim and Order to Go to Small Claims Court (Small Claims)

6/22/2018: Defendant's Claim and Order to Go to Small Claims Court (Small Claims)

ANSWER OF DEFENDANT MY GYM OF PASADENA LLC TO UNVERIFIED COMPLAINT

4/10/2018: ANSWER OF DEFENDANT MY GYM OF PASADENA LLC TO UNVERIFIED COMPLAINT

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

2/16/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

PROOF OF SERVICE SUMMONS

3/16/2018: PROOF OF SERVICE SUMMONS

Summons

2/28/2018: Summons

COMPLAINT FOR DAMAGES: 1. NEGLIGENCE; ETC

1/30/2018: COMPLAINT FOR DAMAGES: 1. NEGLIGENCE; ETC

 

Docket Entries

  • 06/11/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 05/23/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Matthew B. Nian (Plaintiff)

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  • 04/24/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Taken Off Calendar by Party

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  • 04/16/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Party

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  • 03/19/2019
  • Motion to Compel Further Responses to Request for Production to Defendant My Gym of Pasadena, LLC; Filed by Matthew B. Nian (Plaintiff)

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  • 12/14/2018
  • Notice of Posting of Jury Fees; Filed by My Gym of Pasadena, LLC (Defendant)

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  • 09/20/2018
  • CIVIL DEPOSIT

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  • 09/20/2018
  • Receipt; Filed by Matthew B. Nian (Plaintiff)

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  • 06/22/2018
  • Stipulation for Filing First Amended Complaint

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  • 06/22/2018
  • Stipulation; Filed by Matthew B. Nian (Plaintiff)

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1 More Docket Entries
  • 06/22/2018
  • Defendant's Claim and Order to Go to Small Claims Court (Small Claims)

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  • 04/10/2018
  • ANSWER OF DEFENDANT MY GYM OF PASADENA LLC TO UNVERIFIED COMPLAINT

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  • 04/10/2018
  • Answer; Filed by My Gym of Pasadena, LLC (Defendant)

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  • 03/16/2018
  • Proof of Service (not Summons and Complaint); Filed by Jeongmin Lee (Legacy Party); Matthew B. Nian (Plaintiff)

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  • 03/16/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/28/2018
  • Summons; Filed by Matthew B. Nian (Plaintiff)

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  • 02/16/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 02/16/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 01/30/2018
  • COMPLAINT FOR DAMAGES: 1. NEGLIGENCE; ETC

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  • 01/30/2018
  • Complaint; Filed by Matthew B. Nian (Plaintiff)

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Tentative Rulings

Case Number: BC692264    Hearing Date: December 16, 2019    Dept: 4A

Petition to Approve Minor’s Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On January 30, 2018, Plaintiff Matthew B. Nian, by and through his guardian ad litem Jeongmin Lee, filed a complaint against Defendant My Gym of Pasadena, LLC, alleging negligence and premises liability for Plaintiff falling and hitting his head on a cabinet on January 8, 2017.

On June 22, 2018, the parties stipulated to a filing of a first amended complaint.

On October 21, 2019, Petitioner Jeongmin Lee filed a petition to approve compromise of pending action for Plaintiff Matthew B. Nian.

On November 14, 2019, Petitioner Jeongmin Lee filed a petition to approve compromise of pending action for Plaintiff Matthew B. Nian.

An Order to Show Cause Re: Dismissal (Settlement) (conditional upon approval of minor’s compromise) is set for December 16, 2019.

PARTY’S REQUESTS

Petitioner Jeongmin Lee (“Petitioner”) asks the Court to grant a petition to approve a compromise of pending action for Plaintiff Matthew B. Nian (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to his age and the settlement amount.

DISCUSSION

The Court initially notes that Petitioner intends for the Court to review the petition filed on November 14, 2019, according to Jason Douchette’s declaration filed on December 2, 2019.  This later filed petition was filed in response to the Court’s clerk calling Petitioner’s counsel and informing him that the Court was going to reject the initially filed petition at the originally scheduled hearing date of November 13, 2019.  (Doucette Decl., ¶ 4.)  As such, the Court considers the petition filed on November 14, 2019.

The Court finds the petition is properly approved.  All required attachments have been lodged with the petition.  The $72,500 settlement figure is reasonable considering Claimant’s injuries.  The $25,375 request in attorney’s fees, which amounts to 35% of the gross settlement, is reasonable.  According to Attachment 14(a), the case was ongoing for two-and-a-half years, initial discovery was propounded, and Petitioner’s counsel took two depositions, defended two depositions, drafted one motion that was not filed, and engaged in extensive settlement negotiations.  Additionally, the requested amount is less than the 40 percent figure which Petitioner agreed to pay out of the settlement proceeds. As such, the petition is properly approved.

The petition for minor’s compromise filed on November 14, 2019 for Claimant is APPROVED.

The Court shall sign the proposed order approving this petition and the proposed order to deposit funds into a blocked account concurrently filed with the petition on November 14, 2019.

Petitioner is ordered to give notice of this ruling.

Case Number: BC692264    Hearing Date: November 13, 2019    Dept: 4A

Petition to Approve Minor’s Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On January 30, 2018, Plaintiff Matthew B. Nian, by and through his guardian ad litem Jeongmin Lee, filed a complaint against Defendant My Gym of Pasadena, LLC alleging negligence and premises liability for Plaintiff falling and hitting his head on a cabinet on January 8, 2017.

On June 22, 2018, the parties stipulated to a filing of a first amended complaint.

On October 21, 2019, Petitioner Jeongmin Lee filed a petition to approve a compromise of pending action for Plaintiff Matthew B. Nian.

An Order to Show Cause Re: Dismissal (Settlement) (conditional upon approval of minor’s compromise) is set for December 6, 2019.

PARTY’S REQUESTS

Petitioner Jeongmin Lee (“Petitioner”) asks the Court to grant a petition to approve a compromise of pending action for Plaintiff Matthew B. Nian (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to his age and the settlement amount.

DISCUSSION

The Court finds the petition cannot be approved for four reasons.

First, a majority of the required attachments are not included in the petitioning papers.  Missing are Attachments 9c, 14b, 18a, and 19b(2), as well as proof of expenses incurred and payments made on obligations to pay incurred as required by item 15. 

Second, the amounts included in items 14 through 17 are incorrect.  Petitioner’s counsel states $28,743.05 is requested in item 14a, but then $25,375 is requested in attorneys fees as stated in items 15b.(2) and 14c.  Additionally, no costs are listed in item 14b, but $3,368.85 in costs are listed in item 15b.(3) and 17d.

Third, neither amount of $25,375 or $28,743.05 in attorney’s fees are justified.  Paragraph 7(g) of Petitioner’s counsel’s declaration shows that merely initially discovery was conducted in this matter.  Further, the Court’s docket reveals only one motion was filed in this action, but that motion was never heard.  As such, the amount of work conducted in this case does not justify $25,375 (35%) in attorney’s fees.  However, the Court is inclined to find that 25% in attorney’s fees are justified to be paid from the gross settlement.

Fourth, Petitioner declares that there is a guardianship of estate of Claimant in checking item 19a, but then declares there is no guardianship of estate of Claimant in checking item 19b.  These selections are contradictory and, thus, must be corrected.

The petition for minor’s compromise filed on October 21, 2019 for Claimant is DENIED, without prejudice.

Petitioner is ordered to give notice of this ruling.