This case was last updated from Los Angeles County Superior Courts on 07/04/2019 at 00:40:18 (UTC).

NICHOLAS HERNANDEZ VS MARK PATTON

Case Summary

On 02/05/2018 a Personal Injury - Other Personal Injury case was filed by NICHOLAS HERNANDEZ against MARK PATTON 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:

    ****2956

  • Filing Date:

    02/05/2018

  • 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

 

Party Details

Defendants and Respondents

DOES 1 TO 25

PATTON MARK

Minor

HERNANDEZ NICHOLAS

Guardian Ad Litem and Not Yet Classified

HERNANDEZ IMELDA

 

Court Documents

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

7/1/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

PROOF OF SERVICE SUMMONS

4/17/2018: PROOF OF SERVICE SUMMONS

ANSWER TO COMPLAINT

5/22/2018: ANSWER TO COMPLAINT

NOTICE OF DEPOSIT OF JURY FEES

5/22/2018: NOTICE OF DEPOSIT OF JURY FEES

DEMAND FOR JURY TRIAL

5/22/2018: DEMAND FOR JURY TRIAL

CIVIL DEPOSIT

5/22/2018: CIVIL DEPOSIT

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/29/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS

4/3/2018: SUMMONS

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

2/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

  • 07/01/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Nicholas Hernandez (Plaintiff)

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  • 05/22/2018
  • Demand for Jury Trial; Filed by Mark Patton (Defendant)

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  • 05/22/2018
  • ANSWER TO COMPLAINT

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  • 05/22/2018
  • DEMAND FOR JURY TRIAL

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  • 05/22/2018
  • NOTICE OF DEPOSIT OF JURY FEES

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  • 05/22/2018
  • CIVIL DEPOSIT

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  • 05/22/2018
  • Notice; Filed by Mark Patton (Defendant)

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  • 05/22/2018
  • Receipt; Filed by Mark Patton (Defendant)

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  • 05/22/2018
  • Answer; Filed by Mark Patton (Defendant)

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  • 04/17/2018
  • PROOF OF SERVICE SUMMONS

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  • 04/17/2018
  • Proof of Service (not Summons and Complaint); Filed by Imelda Hernandez (Non-Party); Nicholas Hernandez (Plaintiff)

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  • 04/03/2018
  • Summons Issued; Filed by Clerk

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  • 04/03/2018
  • Summons; Filed by Clerk

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  • 04/03/2018
  • SUMMONS

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  • 03/29/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/29/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 02/05/2018
  • Complaint; Filed by null

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  • 02/05/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC692956    Hearing Date: February 11, 2020    Dept: 28

Petition to Approve Minors Compromise

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

BACKGROUND

On February 5, 2018, Plaintiff Nicholas Hernandez, by and through his guardian ad litem Imelda Hernandez, filed a complaint against Defendant Mark Patton (“Defendant”).  The compliant alleges negligence and premises liability for a dog bite that occurred on July 19, 2017.

On January 2, 2020, Petitioner Imelda Hernandez (“Petitioner”) filed a petition to approve a compromise of disputed claim for Claimant Nicholas Hernandez (“Claimant”).

PARTY’S REQUEST

Petitioner asks the Court approve the petition for a compromise of disputed claim for Claimant.

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952, subdivision (a), Petitioner and Claimant are typically required to attend the hearing on the petition. However, Petitioner’s and Claimant’s presence at this hearing are excused due to the settlement amount and Claimant’s age.

DISCUSSION

The Court finds the petition is properly approved.  Defendant is to pay Claimant a gross settlement of $32,676.11.  The Court finds this to be fair and reasonable considering Claimant no longer suffers with lacerations or scarring.

$10,783.12, or 33%, of the gross settlement is to pay for attorney’s fees.  The Court finds this to be reasonable considering Petitioner’s counsel retained an investigator to obtain evidence, gathered medical records, and engaged in settlement discussions.

$426.11 of the gross settlement is to pay for medical expenses.  $2,459.30 of the gross settlement is to pay for costs, which are adequately explained.

The net settlement of $19,007.58 is to be deposited in a blocked bank account at City National Bank’s Universal City location at 4605 Lankershim Boulevard, North Hollywood, California 91062 subject to withdrawal only upon the authorization of the Court.

CONCLUSION

The petition to approve a compromise of disputed claim for Claimant filed on January 2, 2020 is APPROVED.

The Court shall approve the proposed order approving this petition and the proposed order to deposit funds into a blocked account concurrently filed with the petition on Nove January 2, 2020.

Petitioner is ordered to give notice of this ruling.