This case was last updated from Los Angeles County Superior Courts on 06/15/2019 at 11:27:11 (UTC).

NAZLI S VS THE CAMPBELL CENTER ET AL

Case Summary

On 08/14/2017 NAZLI S filed a Labor - Other Labor lawsuit against THE CAMPBELL CENTER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2067

  • Filing Date:

    08/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

S. LINA

Defendants and Respondents

THE CAMPBELL CENTER

ALVAREZ CARLOS

DOES 1 TO 10

Guardian Ad Litem

LINA S.

Minor

NAZLI S.

Attorney/Law Firm Details

Minor and Plaintiff Attorney

AARONS MARTIN I.

Defendant and Respondent Attorneys

MEYERS FOZI LLP

MEYERS FOZI & DWORK LLP

FOZI GOLNAR J

 

Court Documents

Unknown

1/17/2018: Unknown

Minute Order

1/25/2018: Minute Order

Proof of Service

1/30/2018: Proof of Service

NOTICE OF POSTING JURY FEES

2/5/2018: NOTICE OF POSTING JURY FEES

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

3/14/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

DEFENDANT THE CAMPBELL CENTER'S ANSWER

4/12/2018: DEFENDANT THE CAMPBELL CENTER'S ANSWER

CASE MANAGEMENT ORDER

6/8/2018: CASE MANAGEMENT ORDER

Minute Order

6/8/2018: Minute Order

REQUEST FOR ENTRY OF DEFAULT

7/10/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

7/31/2018: REQUEST FOR ENTRY OF DEFAULT

Proof of Service

9/6/2018: Proof of Service

Notice

1/18/2019: Notice

Declaration

1/18/2019: Declaration

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/22/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Minute Order

1/29/2019: Minute Order

Stipulation and Order

2/15/2019: Stipulation and Order

Notice

3/22/2019: Notice

SUMMONS

8/14/2017: SUMMONS

67 More Documents Available

 

Docket Entries

  • 06/13/2019
  • Request (Joint Request to Continue OSC re Dismissal); Filed by LINA S. (Plaintiff); NAZLI S. (Plaintiff)

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  • 04/23/2019
  • at 08:30 AM in Department 37; Hearing on Motion - Other ( CONTINUANCE) - Not Held - Vacated by Court

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  • 03/29/2019
  • at 08:30 AM in Department 37; Further Status Conference - Not Held - Vacated by Court

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  • 03/22/2019
  • Notice (RE: ORDER TO SHOW CAUSE); Filed by LINA S. (Plaintiff); NAZLI S. (Plaintiff)

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  • 03/13/2019
  • at 08:30 AM in Department 37; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Vacated by Court

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  • 03/13/2019
  • Minute Order ( (Hearing on Motion to Compel Discovery (not "Further Discovery"))); Filed by Clerk

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  • 03/13/2019
  • Notice of Settlement; Filed by LINA S. (Plaintiff); NAZLI S. (Plaintiff)

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  • 03/13/2019
  • Certificate of Mailing for (Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 03/13/2019); Filed by Clerk

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  • 02/20/2019
  • at 08:30 AM in Department 37; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Vacated by Court

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  • 02/20/2019
  • at 08:30 AM in Department 37; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Continued - Party's Motion

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122 More Docket Entries
  • 11/03/2017
  • Declaration; Filed by Defendant/Respondent

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  • 11/03/2017
  • Points and Authorities; Filed by Defendant/Respondent

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  • 11/03/2017
  • Demurrer; Filed by THE CAMPBELL CENTER (Defendant)

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  • 11/03/2017
  • Notice; Filed by Defendant/Respondent

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  • 11/03/2017
  • PROOF OF SERVICE CIVIL

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  • 11/03/2017
  • DEFENDANT THE CAMPBELL CENTER'S NOTICE OF ITS DEMURRER TO PLAINTIFF'S COMPLAINT

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  • 10/03/2017
  • DECLARATION OF NAOMI C PONTIOUS IN SUPPORT OF DEFENDANT THE CAMPBELL CENTER'S NOTICE OF ITS DEMURRER TO PLAINTIFF'S COMPLAINT

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  • 08/14/2017
  • SUMMONS

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  • 08/14/2017
  • Complaint; Filed by null

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  • 08/14/2017
  • COMPLAINT FOR 1. SEXUAL BATTERY ;ETC

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Tentative Rulings

Case Number: BC672067    Hearing Date: March 17, 2020    Dept: 37

CASE NO: BC672067—THERE WILL BE NO IN PERSON HEARING. THE PARTIES MAY APPEAR BY COURTCALL IF ALL ARE PRESENT OR MAY STIPULATE TO THE TENTATIVE BY PHONE TO THE COURTROOM PRIOR TO 9:00 A.M. OTHERWISE THE MATTER WILL BE CONTINUED.

CASE NAME: Nazli S. v. The Campbell Center, et al

DEPARTMENT: Dept. 37

RE: Petition to Approve Compromise of Pending Action

HEARING DATE: March 17, 2020

This matter was sent to the Probate Department to review the proposed Special Needs Trust.

This memorandum was prepared from a review of the following documents filed with the court:

  1. Petition to Approve Compromise of Pending Action (“Petition”) filed on 1/17/2020;

  2. The Legacy Enhancement Master Pooled Trust Joinder Agreement (attached to the Petition as Exhibit A

  3. Joinder Agreement: Grantor and Beneficiary Information sheet (attached to the Petition as Exhibit B)

  4. Supplemental Declaration in Support of Petition filed on 2/25/2020

  5. Order Approving the Compromise (appears to be an order for another matter)

  1. TENTATIVE:

    For the reasons set forth below, the petition is continued for a period of approximately sixty days in order to May 20, 2020 at 8:30 a.m. in this department for the moving party to submit information to the Probate Division sufficient to satisfy the statutory requirements. The Master Pooled Trust has not been provided for review. The Joinder Agreement provided is blank. The Grantor and Beneficiary Information sheet is blank. Even if they were filled out, without the trust, no other recommendation can be made. Further, the Joinder Agreement is wholly insufficient and does not comply in any fashion with the requirements of the California Rules of Court or with LASC Local Rules. In addition, the notice of hearing as required by the Probate Code 3611 (c) was not given.

  2. FACTUAL BACKGROUND:

The Petition to Compromise the Pending Action has been brought by Lina S as guardian ad litem, on behalf of claimant Nazli S. It appears the claimant is 27 years old, thought the petition reports her to be 26 years old. The claimant, a disabled adult, was sexually assaulted while at work.

The petition requests that a portion of the settlement funds ($565,000) be invested in a single premium deferred annuity payable to Legacy Enhancement FBO the claimant. The annuity is subject to withdrawal only on order of the court. In addition, $10,000 is to be placed in a pooled special needs trust. This type of special needs trust is different than a stand alone special needs trust that is typically seen and is primarily used when the amount of money to be placed in the special needs trust is small OR when the proposed beneficiary is over the age of 65 years and does not qualify for a stand alone special needs trust. (See 42U.S.C. 1396(d)(4)(C). It is unclear why a pooled trust is being considered in this case when the funds received justify a stand alone trust.

Pooled Trusts are established by charitable organizations. In this case, Legacy Enhancement is the charitable organization. Typically, there is an express written trust agreement, known as a Master Pooled Trust Agreement (which we do not have). Each individual whose assets are added to the trust will have a separate sub-trust account. Generally, the corpus of the trust is not considered an available resource and allows the beneficiary to maintain eligibility for public benefits. In addition to the Master Pooled Trust Agreement, there is a Joinder Agreement, which we have here, though it is not filled out. Generally, the Order after the hearing need not contain the terms of the trust itself, but should authorize the GAL to execute the Joinder Agreement and authorize the transfer of the assets to the trustee of the Pooled Trust. The Trustee should be ordered to file bond pursuant to Probate Code 2620 and CRC 7.903 and required to fil an accounting after 12 months and then every 24 months thereafter

  1. NOTICE OF HEARING TO GOVERNMENTAL DEPARTMENTS:

Probate Code section 3611(c) requires that a fifteen (15) day mailed notice of the time and place of the hearing concerning the settlement proceeds to a special needs trust be given to the State Director of Health Care Services, the Director of State Hospitals and the Director of Developmental Services at the office of each director in Sacramento. This was not done.

  1. FINDINGS REQUIRED BY PROBATE CODE SECTION 3604(b)

The Court must make the findings required by Probate Code section 3604(b) and make a determination that the requirements set forth in Probate Code section 3604(b) have been met. The required findings are that (a) the claimant has a disability that substantially impairs his ability to provide for her own care or custody and constitutes a substantial handicap; (b) that the claimant is likely to have special needs that will not be met without the trust and (c) that the money paid to the special needs trust does not exceed the amount that appears reasonably necessary t meet the claimant’s special needs.

The claimant in this case is reported to be a dependent adult. It appears that she is the subject of a conservatorship. Letters of conservatorship were issued in 2012. Therefore, it would be appropriate to find that the Claimant is a person who has a disability that substantially impairs her ability to provide for her own care which constitutes a substantial handicap within the meaning of Probate Code section 3604(b)(1).

Since the claimant is the subject of a limited conservatorship, it would also be appropriate to find that the claimant is likely to have special needs that will not be met without the trust (Probate Code 3604(b)(2)

The amount to be paid to the trust initially is $10,000 with $565,000 invested in a single premium annuity, subject to withdrawal only upon the authorization of the court. It is unclear if the payments will be made to Legacy as trustee of the trust. Even assuming that all of the funds will be payable to the special needs trust, it appears that the amount to be paid to the special needs trust does not exceed the amount that appears reasonable necessary to meet the Claimant’s needs (Probate Code 3604(b)(3).

  1. REQUIREMENTS UNDER CALIFORNIA RULES OF COURT, RULE 7.903(c)

    As a trust funded by a court order, a special needs trust must comply with CRC Rule 7.903(c). The Probate Division was not provided a copy of the trust.

    Specifically, the proposed special needs trust through the Legacy Enhancement Pooled Trust, which is typically known as a Master Trust Agreement must comply with CRC Rule 7.903(c) as follows:

  1. The special needs trust shall not contain a “No Contest” provision..

  2. The special needs trust may not be modified or revoked without court approval. Any amendment affecting the beneficiary’s Individual Benefit Account can amended after court approval.

  3. The special needs trust must clearly identify the trustee and any other person with authority to direct the trustee to make disbursements.

  4. The special needs trust may not authorize investments by the trustee other than those permitted under Probate Code Sections 2574.

  5. The special needs trust must require that the trustee post a bond.

  6. The special needs trust must require the trustee to file accounts and reports for court approval in the manner and frequency required by Probate Code sections 1060 to 1064 and 2620 to 2628.

  7. The special needs trust must require court approval of changes in trustees and a court order appointing any trustee.

  8. The special needs trust must require compensation of the trustee or the attorney for the trustee to be just and reasonable amounts that must be fixed and allowed by the court

E. REQUIREMENTS UNDER LOS ANGELES COUNTY COURT RULES, CHAPTER 4, PROBATE RULES DIVISION:

In addition to complying with CRC 7.903, the petitioner should require compliance with the Court’s local rules, Rule 4.116(b)(1)-(4):

(1) Where the trustee is a trust company (as defined in Financial Code section 107) and it petitions for fees, the Petition must include a complete disclosure of any fees paid to a fiduciary and/or any affiliate as required by Probate Code section 16015 and Financial Code section 1561.1

(2) Any purchase of a personal residence for a beneficiary may be made only if authorized by the court pursuant to the rules applicable to conservatorships and guardianships.

(3) Any sale of a personal residence of the beneficiary may be made only if authorized by the court pursuant to the rules applicable to conservatorships and guardianships. Such sales must be returned to court for confirmation.

(4) The trustee may not borrow money, lend money, give security, lease, convey, or exchange any property of the estate without prior authorization of the court.

F. JOINDER IN MASTER POOL TRUST:

The Legacy Enhancement Joinder Agreement is attached to the petition and has not been completed. For that reason alone, the petition will be denied. Reference is made to a trust throughout the Joinder Agreement. The Joinder Agreement fails to meet any of the requirements set forth in the California Rules of Court and the LASC Rules.

F. CONCLUSION:

This petition will be continued to May 20, 2020 at 8:30 a.m. in this department so that a copy of the Master Pooled Trust can be provided, the Master Pooled Trust and Joinder Agreement be modified, and the other requirements set forth in this tentative may be satisfied.