This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 10:15:06 (UTC).

MILEY BAHENA VS RAMONA ELEMENTARY SCHOOL

Case Summary

On 10/30/2017 MILEY BAHENA filed a Personal Injury - Other Personal Injury lawsuit against RAMONA ELEMENTARY SCHOOL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is AMY D. HOGUE. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1593

  • Filing Date:

    10/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

AMY D. HOGUE

 

Party Details

Respondents and Defendants

DOES 1 TO 20

RAMONA ELEMENTARY SCHOOL

LOS ANGELES UNIFIED SCHOOL DISTRICT A PUBLIC ENTITIY

Guardian Ad Litem

GARIBAY YESSICA

Minor

BAHENA MILEY

Attorney/Law Firm Details

Minor Attorney

SELARZ & SARBAZ LLP

Other Attorneys

ALDER C MICHAEL

 

Court Documents

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

10/30/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

Notice of Change of Firm Name

12/20/2017: Notice of Change of Firm Name

SUMMONS

12/8/2017: SUMMONS

EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

11/27/2017: EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

Association of Attorney

2/22/2019: Association of Attorney

Other -

12/6/2018: Other -

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

11/30/2018: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

Proof of Service by Mail

11/13/2018: Proof of Service by Mail

Proof of Service by Substituted Service

11/13/2018: Proof of Service by Substituted Service

Amendment to Complaint (Fictitious/Incorrect Name)

11/1/2018: Amendment to Complaint (Fictitious/Incorrect Name)

PROOF OF SERVICE SUMMONS

4/10/2018: PROOF OF SERVICE SUMMONS

Proof of Service by 1st Class Mail

4/10/2018: Proof of Service by 1st Class Mail

Notice of Change of Address or Other Contact Information

2/14/2018: Notice of Change of Address or Other Contact Information

1 More Documents Available

 

Docket Entries

  • 10/30/2020
  • Hearingat 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 10/30/2019
  • Hearingat 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/15/2019
  • Hearingat 10:00 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/30/2019
  • Docketat 08:30 AM in Department 7, Amy D. Hogue, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 04/15/2019
  • Docketat 10:00 AM in Department 7, Amy D. Hogue, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/22/2019
  • DocketAssociation of Attorney; Filed by MILEY BAHENA (Legacy Party)

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  • 12/06/2018
  • DocketLos Angeles Unified School District's Answer to Plaintiff's Complaint; Filed by Los Angeles Unified School District, a Public Entitiy (Defendant)

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  • 11/30/2018
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Los Angeles Unified School District, a Public Entitiy (Defendant)

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  • 11/13/2018
  • DocketProof of Service by Substituted Service; Filed by MILEY BAHENA (Legacy Party)

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  • 11/13/2018
  • DocketProof of Service by Mail; Filed by MILEY BAHENA (Legacy Party)

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6 More Docket Entries
  • 02/14/2018
  • DocketNotice of Change of Address or Other Contact Information; Filed by YESSICA GARIBAY (Legacy Party); MILEY BAHENA (Legacy Party)

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  • 12/20/2017
  • DocketNotice of Change of Firm Name

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  • 12/20/2017
  • DocketNotice of Change of Firm Name; Filed by YESSICA GARIBAY (Legacy Party); MILEY BAHENA (Legacy Party)

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  • 12/08/2017
  • DocketSummons Issued; Filed by Clerk

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  • 12/08/2017
  • DocketSummons; Filed by Clerk

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  • 12/08/2017
  • DocketSUMMONS

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  • 11/27/2017
  • DocketEX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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

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  • 10/30/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 10/30/2017
  • DocketComplaint; Filed by null

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Tentative Rulings

Case Number: ****1593    Hearing Date: March 03, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MILEY BAHENA,

Plaintiff,

vs.

RAMONA ELEMENTARY SCHOOL,

Defendant.

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.: ****1593

[TENTATIVE] ORDER RE: PETITION FOR ORDER APPROVING MINOR’S COMPROMISE

Dept. 27

8:30 a.m.

March 3, 2021

Claimant Miley Bahena (“Claimant”), a minor, by and through her Guardian Ad Litem, Yessica Garibay (“Petitioner”), has agreed to settle her claims against Defendant Los Angeles Unified School District in exchange for $60,000.  If approved, $7,417.86 will be used for medical expenses, $9,000 will be used for attorney’s fees, and $28,364.84 will be used for non-medical expenses, leaving a balance of $15,217.30 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Probate Code ;; 3500, 3600, et seq.; Code Civ. Proc. ; 372.)   The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable. 

The unopposed Petition to approve minor’s compromise is GRANTED. 

The Court sets an OSC for 6/2/2021 at 8:30 a.m. for proof of deposit.  (Cal. Rules of Court, Rule 7.953(a).)  If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Petitioner and Claimant’s appearances are not necessary.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 3rd day of February 2021

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court



Case Number: ****1593    Hearing Date: February 24, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MILEY BAHENA,

Plaintiff,

vs.

RAMONA ELEMENTARY SCHOOL,

Defendant.

)

)

)

)

)

)

)

)

)

)

)

.: ****1593

[TENTATIVE] ORDER RE: PETITION FOR ORDER APPROVING MINOR’S COMPROMISE

Dept. 27

8:30 a.m.

February 24, 2021

Claimant Miley Bahena (“Claimant”), a minor, by and through her Guardian Ad Litem, Yessica Garibay (“Petitioner”), has agreed to settle her claims against Defendant Los Angeles Unified School District in exchange for $60,000.  If approved, $7,417.86 will be used for medical expenses, $9,000 will be used for attorney’s fees, and $28,364.84 will be used for non-medical expenses, leaving a balance of $15,217.30 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Probate Code ;; 3500, 3600, et seq.; Code Civ. Proc. ; 372.)  The requested attorney’s fees is $9,000, but it is unclear whether this includes the amounts to be paid to other firms as stated in the fee sharing agreement attached as Attachment 18a.  The proposed order requests the funds to be made payable to AlderLaw, P.C. but does not mention Selarz Law Corp.

Also, the amount of costs and fees equal nearly half of the settlement and requires further explanation.  Counsel is ordered to submit a declaration explaining the need for the numerous experts listed in its list of costs and clarying the total amounts spent towards experts and depositions. 

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Petitioner and Claimant’s appearance is not necessary.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 24th day of February 2021

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court



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