MICAH MANUEL VS BURBANK UNIFIED SCHOOL DISTRICT
Case Summary
Case Details
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Case Number:
****2802
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Filing Date:
11/08/2017
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Case Status:
Other
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Case Type:
Personal Injury - Other Personal Injury
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
JON R. TAKASUGI
HOLLY E. KENDIG
THOMAS D. LONG
Party Details
Plaintiffs and Petitioners
MANUEL MICAH
ESPANA ROSE
Respondents and Defendants
DOES 1 TO 10
BURBANK UNIFIED SCHOOL DISTRICT
EASYTURE INC
Attorney/Law Firm Details
Plaintiff and Petitioner Attorney
TORKZADEH REZA
Respondent and Defendant Attorneys
QUIGLEY LANE ESQ.
CLINTON DAVID A. ESQ.
Court Documents
10/5/2020: Request for Dismissal
9/11/2020: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED
7/27/2020: Declaration - DECLARATION CONFIRMATION AND PROOF OF ANNUITY FUNDING
4/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]
4/21/2020: Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS
3/20/2020: 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
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
1/29/2020: Declaration - DECLARATION DECLARATION OF PLAINTIFF'S COUNSEL TRACY R. HORN RE: ORDER TO SHOW CAUSE RE: DISMISSAL)
1/31/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) (CONDITIONAL -...)
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: Motion to Compel Further Discovery Responses
7/12/2019: Separate Statement
Docket Entries
- 11/09/2020
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Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Order to Show Cause Re: Dismissal (For Failure to Prosecute within 3yrs) - Not Held - Advanced and Vacated
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- 10/20/2020
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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 - Vacated by Court
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- 10/05/2020
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DocketRequest for Dismissal; Filed by Micah Manuel (Plaintiff); Rose Espana (Plaintiff)
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- 09/11/2020
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DocketRequest for Dismissal (- Not Entered); Filed by Micah Manuel (Plaintiff)
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- 07/27/2020
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DocketDeclaration (Confirmation and Proof of Annuity Funding); Filed by Micah Manuel (Plaintiff); Rose Espana (Plaintiff)
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- 06/11/2020
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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
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- 05/18/2020
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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
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- 05/18/2020
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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
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- 04/21/2020
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DocketCertificate of Mailing for ([Notice of Continuance Due to COVID-19 State of Emergency Declarations]); Filed by Clerk
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- 04/21/2020
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DocketNotice of Continuance Due to COVID-19 State of Emergency Declarations; Filed by Clerk
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- 01/25/2018
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DocketPROOF OF SERVICE SUMMONS
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- 01/25/2018
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DocketPROOF OF SERVICE BY MAIL
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- 11/20/2017
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DocketSummons; Filed by Clerk
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- 11/20/2017
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DocketSUMMONS
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- 11/20/2017
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DocketSummons Issued; Filed by Clerk
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- 11/15/2017
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DocketApplication ; Filed by Plaintiff/Petitioner
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- 11/15/2017
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DocketAPPLICAT1ON AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE
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- 11/08/2017
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DocketComplaint; Filed by Micah Manuel (Plaintiff)
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- 11/08/2017
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DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE 2. PREMISES LIABILITY
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- 11/08/2017
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DocketCIVIL DEPOSIT
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Tentative Rulings
Case Number: ****2802 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.: ****2802 [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
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| Hon. Thomas D. Long Judge of the Superior Court |
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