On 11/08/2017 MICAH MANUEL filed a Personal Injury - Other Personal Injury lawsuit against BURBANK 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 Other.
****2802
11/08/2017
Other
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
HOLLY E. KENDIG
THOMAS D. LONG
MANUEL MICAH
ESPANA ROSE
DOES 1 TO 10
BURBANK UNIFIED SCHOOL DISTRICT
EASYTURE INC
TORKZADEH REZA
QUIGLEY LANE ESQ.
CLINTON DAVID A. ESQ.
10/5/2020: Request for Dismissal
9/11/2020: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED
4/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]
3/11/2020: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)
1/24/2020: Declaration - DECLARATION OF LANE QUIGLEY RE: ORDER TO SHOW CAUSE HEARING
2/13/2020: Petition to Approve Compromise of Disputed Claim
9/24/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT) OF 09/24/2019
9/24/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT)
9/24/2019: Notice of Settlement
7/19/2019: Notice - NOTICE NOTICE OF CONTINUANCE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION (SET ONE)
7/12/2019: Notice of Lodging - NOTICE OF LODGING EXHIBITS IN SUPPORT OF DEFENDANT BURBANK UNIFIED SCHOOL DISTRICT'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION (SET ONE)
7/12/2019: Separate Statement
4/23/2019: [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
1/25/2018: PROOF OF SERVICE SUMMONS -
3/19/2018: ANSWER TO COMPLAINT
11/15/2017: APPLICAT1ON AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE
11/8/2017: CIVIL DEPOSIT -
11/8/2017: COMPLAINT FOR DAMAGES 1. NEGLIGENCE 2. PREMISES LIABILITY
DocketRequest for Dismissal; Filed by Micah Manuel (Plaintiff); Rose Espana (Plaintiff)
DocketRequest for Dismissal (- Not Entered); Filed by Micah Manuel (Plaintiff)
DocketDeclaration (Confirmation and Proof of Annuity Funding); Filed by Micah Manuel (Plaintiff); Rose Espana (Plaintiff)
Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Settlement) (as to Entire Action and Proof of Funding of Annunity) - Not Held - Continued - Court's Motion
Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: (Status of Petition to Approve a Minor's Compromise) - Not Held - Advanced and Vacated
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 Vacated
DocketCertificate of Mailing for ([Notice of Continuance Due to COVID-19 State of Emergency Declarations]); Filed by Clerk
DocketNotice of Continuance Due to COVID-19 State of Emergency Declarations; Filed by Clerk
Docketat 08:45 AM in Department 31, Thomas D. Long, Presiding; Non-Appearance Case Review (Reamended order reminors compromise) - Not Held - Taken Off Calendar by Court
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 Rose Espana (Plaintiff)
DocketPROOF OF SERVICE BY MAIL
DocketProof-Service/Summons
DocketSummons Issued; Filed by Clerk
DocketSummons; Filed by Clerk
DocketSUMMONS
DocketApplication ; Filed by Plaintiff/Petitioner
DocketAPPLICAT1ON AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE
DocketComplaint; Filed by Micah Manuel (Plaintiff)
DocketCIVIL DEPOSIT
DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE 2. PREMISES LIABILITY
Case Number: BC682802 Hearing Date: March 11, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
|
MICAH MANUEL, Plaintiff(s), vs. BURBANK UNIFIED SCHOOL DIST., et al., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) |
Case No.: BC682802 [TENTATIVE] ORDER CONDITIONALLY GRANTING PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR Dept. 31 1:30 p.m. March 11, 2020 |
Plaintiff, Micah Manuel, a minor by and through his GAL, Rose Espana, filed this action against Defendants, Burbank Unified School District and Easy Turf, Inc. for damages arising out of a playground accident. Plaintiff suffered a left distal fibula fracture and ankle sprain as a result of the incident, but has recovered completely from his injuries at this time.
Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendants for the total amount of $60,000. If approved, $20,000 will be used for attorneys’ fees, $5985.10 for medical expenses, and $2775.14 for costs of suit. Petitioner proposes to use the net settlement amount of $31,239.76 to purchase a single premium deferred annuity.
The Court has reviewed the settlement and finds it is fair and reasonable. The Court cannot locate required Attachment 14a, which would be a declaration from Counsel explaining the basis for the fees sought. The Court understands the parties have a retainer agreement providing for a 33.3% attorneys’ fee. The Court does not, however, typically award attorneys’ fees in excess of 25% in cases involving minors absent extraordinary efforts on the part of Counsel.
Per CRC 7.952, Petitioner and Plaintiff must appear at the hearing unless the Court finds good cause to excuse their appearance. Plaintiff is thirteen years old, and the Court will therefore require him to personally appear and testify. If the Court is satisfied with Plaintiff’s and Petitioner’s testimony at the hearing, and if Counsel agrees to reduce fees to 25%, the petition will be granted, and the Court will sign the proposed orders to approve the settlement and place funds in a blocked account (with amounts adjusted accordingly), both of which were lodged with the petition.
Petitioner is ordered to give notice.
Dated this 11th day of March, 2020
|
|
|
|
Hon. Thomas D. Long Judge of the Superior Court |