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This case was last updated from Los Angeles County Superior Courts on 05/28/2019 at 03:21:44 (UTC).

OSWALDO AVILA ET AL VS DIANE WILKERSON

Case Summary

On 10/10/2017 OSWALDO AVILA filed a Personal Injury - Motor Vehicle lawsuit against DIANE WILKERSON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8936

  • Filing Date:

    10/10/2017

  • 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

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

AVILA OSWALDO

Defendants and Respondents

WILKERSON DIANE

DOES 1 TO 100

Minors

AVILA JAMMIE

AVILA FELIX

Guardian Ad Litem

AVILA KAUUAI

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorney

ALGORRI MARK ESQ.

Defendant and Respondent Attorney

GIBBS PATRICK J. ESQ.

 

Court Documents

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Motion in Limine

3/4/2019: Motion in Limine

Notice

3/25/2019: Notice

Unknown

12/28/2017: Unknown

DEMAND FOR JURY TRIAL

12/28/2017: DEMAND FOR JURY TRIAL

ANSWER TO COMPLAINT

12/28/2017: ANSWER TO COMPLAINT

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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

SUMMONS

11/9/2017: SUMMONS

COMPLAINT FOR DAMAGES

10/10/2017: COMPLAINT FOR DAMAGES

6 More Documents Available

 

Docket Entries

  • 04/10/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/26/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/25/2019
  • Notice (of Entry of Order of March 21, 2019); Filed by KAUUAI AVILA (Legacy Party); OSWALDO AVILA (Plaintiff); FELIX AVILA (Legacy Party) et al.

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  • 03/21/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by KAUUAI AVILA (Legacy Party); OSWALDO AVILA (Plaintiff); FELIX AVILA (Legacy Party) et al.

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  • 03/04/2019
  • Motion in Limine (motion in limine no 10); Filed by DIANE WILKERSON (Defendant)

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  • 03/04/2019
  • Motion in Limine (motion in limine no 9); Filed by DIANE WILKERSON (Defendant)

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  • 03/04/2019
  • Motion in Limine (motion in limine no 7); Filed by DIANE WILKERSON (Defendant)

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  • 03/04/2019
  • Motion in Limine (motion in limine no 8); Filed by DIANE WILKERSON (Defendant)

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  • 03/04/2019
  • Motion in Limine (motion in limine no 6); Filed by DIANE WILKERSON (Defendant)

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  • 03/04/2019
  • Motion in Limine (motion in limine no 5); Filed by DIANE WILKERSON (Defendant)

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12 More Docket Entries
  • 11/09/2017
  • SUMMONS

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  • 11/09/2017
  • Summons; Filed by KAUUAI AVILA (Legacy Party); OSWALDO AVILA (Plaintiff); FELIX AVILA (Legacy Party) et al.

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  • 11/09/2017
  • Summons; Filed by Clerk

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  • 11/09/2017
  • Summons Issued; Filed by Clerk

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

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

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  • 10/10/2017
  • Complaint; Filed by OSWALDO AVILA (Plaintiff)

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  • 10/10/2017
  • COMPLAINT FOR DAMAGES

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

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

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Tentative Rulings

Case Number: BC678936    Hearing Date: October 29, 2020    Dept: 28

Petitions to Approve Minors’ Compromises

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

BACKGROUND

On October 10, 2017, Plaintiffs Oswaldo Avila, Kauai Avila, Felix Avila, and Jammie Avila filed a complaint against Defendant Diane Wilkerson.  The plaintiffs allege negligence arising from an automobile collision that occurred on October 10, 2015.

On September 11, 2020, Petitioner Kauai Avila (“Petitioner”) filed petitions to approve compromises of pending actions on behalf of Claimants Felix Avila and Jammie Avila (collectively “Claimants”).

An Order to Show Cause Re: Dismissal (Settlement).

PARTY’S REQUESTS

Petitioner asks the Court to approve compromises of pending actions for Claimants.

DISCUSSION

The Court finds the petition to approve Claimant Kauai Avila’s compromise of pending action is properly approved.  Petitioner has submitted all required information and has included all required attachments.  Claimant Kauai Avila’s $12,000.00 gross settlement is reasonable considering Claimant Kauai Avila’s injuries have resolved.  The requested $3,000.00 in attorney’s fees are reasonable considering the work performed in this action.  The requested $333.83 in costs are adequately explained.  Accordingly, the petition pertaining to Claimant Kauai Avila is properly approved.

The petition to approve Claimant Jammie Avila’s compromise of pending action cannot be approved.  Paragraph 11 states Claimant Jammie Avila is to receive a $12,000.00 gross settlement while paragraph 17a states Claimant Jammie Avila is to receive a $10,000.00 gross settlement.  This material term must be consistently abundantly clear.  The Court cannot grant Claimant Jammie Avila’s petition as currently drafted.

CONCLUSION

The petition pertaining to Claimant Kauai Avila is APPROVED.

The petition pertaining to Claimant Jammie Avila is DENIED.

Petitioner is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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