This case was last updated from Los Angeles County Superior Courts on 12/17/2020 at 09:25:27 (UTC).

REBEKAH LYNN ROGERS ET AL VS STATER BROS MARKETS ET AL

Case Summary

On 04/27/2017 REBEKAH LYNN ROGERS filed a Personal Injury - Other Personal Injury lawsuit against STATER BROS MARKETS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DANIEL M. CROWLEY and STEPHEN M. MOLONEY. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9480

  • Filing Date:

    04/27/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DANIEL M. CROWLEY

STEPHEN M. MOLONEY

 

Party Details

Plaintiffs

ROGERS REBEKAH LYNN

GREEN ROBERT AKA ROBERT GREEN SR.

Defendant

STATER BROS MARKETS

Attorney/Law Firm Details

Plaintiff Attorney

MARZBAN MICHAEL M.

Defendant Attorneys

BRYANT SUZANNE MITCHELL

CHERMELA JASON RYAN

 

Court Documents

Petition to Approve Compromise of Disputed Claim

10/16/2020: Petition to Approve Compromise of Disputed Claim

Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM

10/16/2020: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM

Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)

11/17/2020: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

11/17/2020: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Notice - NOTICE NOTICE OF RULING

11/18/2020: Notice - NOTICE NOTICE OF RULING

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

8/4/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice - NOTICE NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE DISMISSAL

8/5/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE DISMISSAL

Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)

7/15/2020: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)

Petition to Approve Compromise of Disputed Claim

5/21/2020: Petition to Approve Compromise of Disputed Claim

Notice - NOTICE NOTICE OF CONTINUANCE OF PETITION TO APPROVE MINOR'S COMPROMISE HEARING

4/27/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF PETITION TO APPROVE MINOR'S COMPROMISE HEARING

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

4/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/16/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (COURT ORDER)

3/18/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

3/18/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

Notice - NOTICE OF CONTINUANCE OF PETITION TO APPROVE COMPROMISE AND ORDER TO SHOW CAUSE RE DISMISSAL

3/30/2020: Notice - NOTICE OF CONTINUANCE OF PETITION TO APPROVE COMPROMISE AND ORDER TO SHOW CAUSE RE DISMISSAL

Declaration - DECLARATION DECLARATION IN RESPONSE TO MINOR'S COMPROMISE PETITION SCHEDULED FOR JANUARY 24, 2020

1/17/2020: Declaration - DECLARATION DECLARATION IN RESPONSE TO MINOR'S COMPROMISE PETITION SCHEDULED FOR JANUARY 24, 2020

Minute Order - MINUTE ORDER (PETITION TO CONFIRM MINOR'S COMPROMISE)

1/24/2020: Minute Order - MINUTE ORDER (PETITION TO CONFIRM MINOR'S COMPROMISE)

Minute Order - MINUTE ORDER (PETITION TO CONFIRM MINOR'S COMPROMISE)

12/3/2019: Minute Order - MINUTE ORDER (PETITION TO CONFIRM MINOR'S COMPROMISE)

34 More Documents Available

 

Docket Entries

  • 12/17/2020
  • Hearing12/17/2020 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Proof of Purchase of an Annuity

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  • 12/17/2020
  • Hearing12/17/2020 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 11/18/2020
  • DocketNotice (Notice of Ruling); Filed by Rebekah Lynn Rogers (Plaintiff)

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  • 11/17/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held - Motion Granted

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  • 11/17/2020
  • Docketat 12:03 PM in Department 28, Daniel M. Crowley, Presiding; Nunc Pro Tunc Order

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  • 11/17/2020
  • DocketMinute Order ( (Hearing on Petition to Confirm Minor's Compromise)); Filed by Clerk

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  • 11/17/2020
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 10/16/2020
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by Rebekah Lynn Rogers (Plaintiff)

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  • 10/16/2020
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by Rebekah Lynn Rogers (Plaintiff)

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  • 08/05/2020
  • DocketNotice (NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE DISMISSAL); Filed by Rebekah Lynn Rogers (Plaintiff)

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63 More Docket Entries
  • 06/23/2017
  • DocketSummons Issued; Filed by Clerk

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  • 06/23/2017
  • DocketSummons; Filed by Clerk

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  • 06/12/2017
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/06/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

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  • 06/06/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 05/05/2017
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/28/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/28/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 04/27/2017
  • DocketCOMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY 2. GENERAL NEGLIGENCE

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  • 04/27/2017
  • DocketComplaint; Filed by Robert Green (Plaintiff)

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Tentative Rulings

Case Number: ****9480    Hearing Date: November 17, 2020    Dept: 28

Petition to Approve Minors Compromise

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

BACKGROUND

On April 7, 2017, laintiffs Rebekah Lynn Rogers, Robert Green, Jr., a minor by and through his Guardian ad Litem, Rebekah Lynn Rogers, and Robert Green aka Robert Green, Sr. Defendants Stater Development, Inc. alleges premises liability and negligence May 1, 2015.

On October 16, 2020Petitioner Rebekah Lynn Rogers filed a to approve a compromise of pending action for Claimant .

An Order to Show Cause Re: Dismissal (Settlement) is set for March 11, 2021.

PARTY’S

Petitioner Rebekah Lynn Rogers (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant required to attend the hearing on the petition. The Court finds Petitioner and Claimant are not required to appear at the hearing based on Claimant’s age and the settlement amount.

DISCUSSION

The Court finds the petition must be denied for one reason.

First, Petitioner has failed to complete paragraph 13.  Paragraph 13a(1) states Claimant has sustained $652,099.09 in medical expenses, yet the a significant .00 The attached statement from Medi-Cal as Attachment 13b(4) shows $620,307.00 have been incurred .  However, .09 in medical expenses remain unaccounted for.

CONCLUSION

The petition is DENIED.

Petitioner is ordered to give notice of this ruling.

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.

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



Case Number: ****9480    Hearing Date: July 15, 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 April 27, 2017, Plaintiffs Rebekah Lynn Rogers, Robert Green, Jr., a minor by and through his Guardian ad Litem, Rebekah Lynn Rogers, and Robert Green aka Robert Green, Sr. filed a complaint against Defendants Stater Bros. Markets, Stater Bros Development, Inc. alleges premises liability and negligence for a slip-and-fall that occurred on May 1, 2015.

On May 21, 2020, Petitioner Rebekah Lynn Rogers filed a petition to approve a compromise of pending action for Claimant Robert Green, Jr (“Claimant”).

An Order to Show Cause Re: Dismissal (Settlement) is set for August 4, 2020.

PARTY’S REQUEST

Petitioner Rebekah Lynn Rogers (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Robert Green, Jr. (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are typically required to attend the hearing on the petition. The Court finds Claimant is not required to appear at the hearing based on his age and the settlement amount.

DISCUSSION

The Court finds the petition must be denied for three reasons.

First, Petitioner has failed to complete paragraph 13.  Paragraph 13a(1) states Claimant has sustained $652,099.09 in medical expenses, yet the vast majority of that amount is unaccounted for as paid, waived, or dealt with in another manner.  Rather, Paragraph 13b(4) merely accounts for $2,498 of Claimant’s medical expenses as having been paid by Medi-Cal and negotiated such that Medi-Cal has agreed to accept $1,795.90 in relinquishment of its lien.  The remaining $649,601.09 may be an unaccounted for lien.  Accordingly, the petition must be denied for Petitioner’s failure to provide complete information regarding the status of Claimant’s medical expenses as required throughout paragraph 13 of the petition.

Second, Petitioner’s counsel has failed to include a discussion of applicable factors listed in California Rules of Court, rule 7.955, subdivision (b) in the declaration lodged as Attachment 14a in support of the $37,500 in attorney’s fees requested from the settlement.

Third, Petitioner has failed to lodge the required Attachments 9 and 14b.

CONCLUSION

The petition is DENIED.

Petitioner may file another petition for minor’s compromise for Claimant.

Petitioner is ordered to give notice of this ruling.

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



Case Number: ****9480    Hearing Date: January 24, 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 April 27, 2017, Plaintiffs Rebekah Lynn Rogers, Robert Green, Jr., a minor by and through his Guardian ad Litem, Rebekah Lynn Rogers, and Robert Green aka Robert Green, Sr. filed a complaint against Defendants Stater Bros. Markets, Stater Bros Development, Inc. alleges premises liability and negligence for a slip-and-fall that occurred on May 1, 2015.

On September 27, 2019, Petitioner Rebekah Lynn Rogers filed a petition to approve a compromise of pending action for Claimant Robert Green, Jr (“Claimant”).

On October 28, 2019, the Court continued the hearing on Petitioner Rebekah Lynn Rogers’ petition for her to file an amended petition and supplemental papers to cure two defects in the petition filed on September 27, 2019.

On December 3, 2019, the Court continued the hearing on Petitioner Rebekah Lynn Rogers’ petition for her to file an amended petition and supplemental papers to cure two defects in the petition filed on September 27, 2019.

An Order to Show Cause Re: Dismissal (Settlement) is set for March 25, 2020.

PARTY’S REQUEST

Petitioner Rebekah Lynn Rogers (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Robert Green, Jr. (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are typically required to attend the hearing on the petition. The Court finds Claimant is not required to appear at the hearing based on his age and the settlement amount.

DISCUSSION

On January 27, 2020, Plaintiffs’ attorney filed a declaration requesting a continuance of this hearing for at least 45 days for Plaintiffs’ attorney to obtain a final lien amount from Medi-Cal.  (Marzban Decl., ¶ 6.)  Medi-Cal’s final lien amount was found to be ambiguous in the Court’s December 3, 2019 ruling.

The Court finds it is in the interest of justice to deny the petition and allow Plaintiffs to file a new petition.  As it currently stands, the Court has already continued the hearing on this petition twice for Petitioner to cure defects within the petition.  Petitioner is still in the process of negotiating Claimant’s liens.  If Petitioner’s continuance is granted, documents relevant to this petition will have been filed sporadically throughout the past six months, approximately.  Additionally, Plaintiffs’ counsel does not submit any information showing whether the defect of no Attachment 9 will be alleviated if the hearing is continued.  Accordingly, the petition is denied for a failure to include Attachments 9 and 13b(4) and for a failure to include a completed paragraph 13a.

CONCLUSION

The petition is DENIED.

Petitioner may file another petition for minor’s compromise for Claimant.

Petitioner is ordered to give notice of this ruling.



Case Number: ****9480    Hearing Date: October 28, 2019    Dept: 4A

Petition to Approve Minors Compromise

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

BACKGROUND ; ;

On April 27, 2017, Plaintiffs Rebekah Lynn Rogers, Robert Green, Jr., a minor by and through his Guardian ad Litem, Rebekah Lynn Rogers, and Robert Green aka Robert Green, Sr. filed a complaint against Defendants State Bros. Markets, Stater Bros Development, Inc., and DOES 1 to 100 alleging causes of action for premises liability and negligence.  When Petitioner was 6 months pregnant, she claims to have slipped and fallen on a liquid or wet substance while walking through the floral area in Defendants’ supermarket, causing her and her fetus to sustain severe injuries and damages.

On September 27, 2019, Petitioner Rebekah Lynn Rogers (“Petitioner”) filed a petition to approve a compromise of pending action for Plaintiff Robert Green, Jr (“Plaintiff”).

PARTY’S REQUEST

Petitioner Rebekah Lynn Rogers requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Robert Green, Jr.

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimants are required to attend the hearing on the petition.

DISCUSSION

The Court has reviewed the petition and finds the settlement amount of $150,000 to be fair and reasonable. 

However, the Court has found the following defects.

First, Counsel is seeking attorney’s fees in the amount of $60,000.00 from Plaintiff’s settlement.  This constitutes 40% of the gross settlement amount for Plaintiff.  The Court must apply a reasonable fee standard in approving attorney’s fees in a minor’s compromise petition. (Cal. Rules of Court, rule 7.955(a).)  Generally, 25% in attorney’s fees for a minor’s compromise petition is more than reasonable, unless a higher award can be justified.  Here, there is an insufficient record to justify a higher award.  Additionally, counsel is seeking attorney’s fees from Petitioner’s settlement as well.

Second, there are no medical records attached other than a lien letter even though Plaintiff received treatment.  The amount of medical expenses ($652,099) does not match up to the amount paid by Medi-Cal ($67,241).  Further the accepted lien amount of $39,000 is not reflected in the final lien demand attached as Exhibit 13b(4).  The final lien demand is $50,430.51.

Therefore, the hearing on the petition is CONTINUED to December 3, 2019 at 1:30 p.m. in Department 4A.  Petitioner is ordered to file and serve, no later than November 22, 2019, an amended petition and supplemental papers to cure the defects identified herein.

Petitioner is ordered to give notice of this ruling.



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