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This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 08:51:52 (UTC).

NORBERTO LEZA III VS NAYELY CASTRELLON

Case Summary

On 08/21/2017 NORBERTO LEZA III filed a Personal Injury - Motor Vehicle lawsuit against NAYELY CASTRELLON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3078

  • Filing Date:

    08/21/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Guardian Ad Litem

HERNANDEZ TEREZA

Defendants and Respondents

CASTRELLON NAYELY

DOES 1 TO 25

Minor

LEZA NORBERTO III

Attorney/Law Firm Details

Plaintiff Attorney

GARCIA LEMUEL L. ESQ.

Defendant Attorney

GIBBS PATRICK JOSEPH ESQ.

Minor Attorney

GARCIA LEMUEL

 

Court Documents

Answer

12/17/2018: Answer

Demand for Jury Trial

12/17/2018: Demand for Jury Trial

Unknown

12/17/2018: Unknown

Stipulation and Order

1/22/2019: Stipulation and Order

Stipulation and Order

5/16/2019: Stipulation and Order

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

10/5/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

10/19/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE

8/22/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

8/31/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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

8/21/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

DECLARATION OF TEREZA HERNANDEZ (PER CCP 37732)

8/21/2017: DECLARATION OF TEREZA HERNANDEZ (PER CCP 37732)

 

Docket Entries

  • 06/06/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 05/16/2019
  • Stipulation and Order (Proposed order and Stipulation to continue trial); Filed by NAYELY CASTRELLON (Defendant)

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  • 02/21/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 02/04/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 01/22/2019
  • Stipulation and Order (stip and order to continue trial); Filed by NAYELY CASTRELLON (Defendant)

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  • 12/17/2018
  • Notice of Deposit - Jury; Filed by NAYELY CASTRELLON (Defendant)

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  • 12/17/2018
  • Demand for Jury Trial; Filed by NAYELY CASTRELLON (Defendant)

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  • 12/17/2018
  • Answer; Filed by NAYELY CASTRELLON (Defendant)

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  • 10/19/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 10/05/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 10/05/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 08/31/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 08/22/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, EX PARTE

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  • 08/22/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 08/21/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 08/21/2017
  • Complaint; Filed by null

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  • 08/21/2017
  • DECLARATION OF TEREZA HERNANDEZ (PER CCP 37732)

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Tentative Rulings

Case Number: BC673078    Hearing Date: October 08, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

NORBERTO LEZA III, a minor, as an individual and as successor in interest to Leslie Marie Mendiola, by and through his Guardian Ad Litem, Tereza Hernandez,

Plaintiff,

vs.

NAYELY CASTRELLON; DOES 1 through 25, inclusive,

Defendants.

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CASE NO.: BC673078

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE

Dept. 27

1:30 p.m.

October 8, 2020

Claimant Norberto Leza III (“Claimant”), a minor, by and through his Guardian Ad Litem, Tereza Hernandez (“Petitioner”), has agreed to settle his claims against Defendant Nayely Castrellon in exchange for $50,000.00. If approved, $0 will be used for medical expenses, $12,500.00 will be used for attorney’s fees, and $616.20 will be used for non-medical expenses, leaving a balance of $36,883.80 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

On July 2, 2020, the Court indicated in the tentative ruling that while the proposed settlement and requested attorney’s fees were fair and reasonable, the Court did not have a granted order for appointment of guardian ad litem on file, a proposed order approving compromise of disputed claim (Judicial Council Form MC-351), or a proposed order to deposit money into blocked account (Judicial Council Form MC-355). The Court thus continued the hearing on this petition pursuant to the request of the moving party to allow counsel time to comply with the conditions of the Court’s tentative ruling.

Petitioner has submitted a proposed order approving compromise of disputed claim and a proposed order to deposit money into blocked account. Petitioner has also submitted an order appointing a guardian ad litem.

Therefore, the petition is granted.

Moving party to give notice.

Dated this 8th day of October 2020

Hon. Edward B. Moreton

Judge of the Superior Court

Case Number: BC673078    Hearing Date: September 16, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

NORBERTO LEZA III, a minor, by and through his Guardian Ad Litem, TEREZA HERNANDEZ,

Plaintiff,

vs.

NAYELY CASTRELLON,

Defendant.

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.: BC673078

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE

Dept. 27

1:30 p.m.

September 16, 2020

Claimant Norberto Leza III (“Claimant”), a minor, by and through his Guardian Ad Litem, Tereza Hernandez (“Petitioner”), has agreed to settle his claims against Defendant Nayely Castrellon in exchange for $50,000.00.  If approved, $0 will be used for medical expenses, $12,500.00 will be used for attorney’s fees, and $616.20 will be used for non-medical expenses, leaving a balance of $36,883.80 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

On July 2, 2020, the Court issued a tentative ruling and continued the hearing to September 16, 2020 so that Petitioner could submit an order for appointment of guardian ad litem, proposed order approving compromise of disputed claim, and order to deposit money into blocked account.  However, none of these documents are on file.  The Petition is DENIED without prejudice. 

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the September 16, 2020 hearing unless excused for good cause. The Court excuses Petitioner and Claimant from appearing.

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 16th day of September 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC673078    Hearing Date: July 02, 2020    Dept: 27

The parties are strongly encouraged to appear telephonically based on the spread of COVID-19, the states of emergency having been declared by Governor Gavin Newsom and President Donald Trump, the General Orders issued by the Presiding Judge, and the Statewide Orders issued by the Chief Justice.

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

NORBERTO LEZA III, a minor, by and through his Guardian Ad Litem, TEREZA HERNANDEZ,

Plaintiff,

vs.

NAYELY CASTRELLON,

Defendant.

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.: BC673078

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE

Dept. 27

1:30 p.m.

July 2, 2020

Claimant Norberto Leza III (“Claimant”), a minor, by and through his Guardian Ad Litem, Tereza Hernandez (“Petitioner”), has agreed to settle his claims against Defendant Nayely Castrellon in exchange for $50,000.00.  If approved, $0 will be used for medical expenses, $12,500.00 will be used for attorney’s fees, and $616.20 will be used for non-medical expenses, leaving a balance of $36,883.80 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.

However, the Court does not have a granted order for appointment of guardian ad litem on file.  There are only two rejected applications in the record.  Also, there is no proposed order approving compromise of disputed claim (Judicial Council Form MC-351) or order to deposit money into blocked account (Judicial Council Form MC-355).  The unopposed Petition to approve minor’s compromise is GRANTED on the condition that Petitioner lodges these orders and brings copies of these orders to the hearing.

The Court also sets an OSC for September 2, 2020 at 8:30 a.m. in Department 27 for proof of deposit in the blocked account. 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 July 2, 2020 hearing unless excused for good cause. That requirement is satisfied by a telephonic appearance.

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 2nd day of July 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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