This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 01:44:17 (UTC).

SAMUEL RODRIGUEZ JR VS JONATHAN PONCE ET AL

Case Summary

On 11/14/2017 SAMUEL RODRIGUEZ JR filed a Personal Injury - Motor Vehicle lawsuit against JONATHAN PONCE. 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:

    ****3324

  • Filing Date:

    11/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Guardian Ad Litem and Plaintiff

RODRIGUEZ SAMUEL SR.

Respondents, Defendants and Cross Defendants

PONCE JONATHAN

BALDWIN PARK CITY OF

DOES 1 TO 30

RIZO CAROLYN

Defendant, Respondent and Cross Plaintiff

BALDWIN PARK CITY OF

Minor

RODRIGUEZ SAMUEL JR

Attorney/Law Firm Details

Cross Plaintiff Attorney

TAFOYA ROBERT N. ESQ.

Minor Attorney

BILAL KAMAL A. ESQ.

 

Court Documents

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

11/14/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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

2/1/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

2/1/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

2/1/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

2/1/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

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

3/2/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/2/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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

3/2/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/2/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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

3/2/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/2/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

3/22/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

3/22/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

3/22/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

SUMMONS

3/23/2018: SUMMONS

Proof of Service of Summons and Complaint

4/20/2018: Proof of Service of Summons and Complaint

Amended Complaint

6/4/2018: Amended Complaint

Summons

6/4/2018: Summons

13 More Documents Available

 

Docket Entries

  • 05/14/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 04/30/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/18/2019
  • Proof of Personal Service; Filed by Baldwin Park, City of (Cross-Complainant)

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  • 03/18/2019
  • Proof of Personal Service; Filed by Baldwin Park, City of (Cross-Complainant)

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  • 03/14/2019
  • Stipulation and Order (TO CONTINUE TRIAL DATE AND RELATED MOTION/DISCOVERY DATES); Filed by SAMUEL SR. RODRIGUEZ (Plaintiff); SAMUEL JR RODRIGUEZ (Plaintiff)

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  • 07/06/2018
  • DEFENDANT CITY OF BALDWIN PARKS CROSS COMPLAINT FOR:CONTRIBUTION;AND ETC.

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  • 07/06/2018
  • Summons on Cross Complaint

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  • 07/06/2018
  • DEFENDANT CITY OF BALDWIN PARKS ANSWER TO PLAINTIFFS UNVERIFIED FIRST AMENDED COMPLAINT

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  • 07/06/2018
  • Defendant City of Baldwin Park's Cross-Complaint for 1. Contribution 2. Declaratory Relief 3. Apportionment 4. Equitable Indemnity 5. Total Equitable Indemnity; Filed by Baldwin Park, City of (Cross-Complainant)

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  • 07/06/2018
  • Answer to First Amended Complaint; Filed by Baldwin Park, City of (Defendant)

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24 More Docket Entries
  • 03/02/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 02/01/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 02/01/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 02/01/2018
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 02/01/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 02/01/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 02/01/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 02/01/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 11/14/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 11/14/2017
  • Complaint; Filed by null

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Tentative Rulings

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Case Number: BC683324 Hearing Date: September 16, 2021 Dept: 27

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SUPERIOR\r\nCOURT OF THE STATE OF CALIFORNIA

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FOR\r\nTHE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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SAMUEL RODRIGUEZ\r\n JR.,

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Plaintiff,

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vs.

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JONATHAN PONCE, et al.,

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Defendants.

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\r\n CASE NO.: BC683324

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

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Dept. 27

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8:30 a.m.

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September 16, 2021

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Claimant\r\nSamuel Rodriguez Jr. (“Claimant”), a minor, by and through his Guardian Ad\r\nLitem, Samuel Rodriguez, Sr. (“Petitioner”), has agreed to settle his claims\r\nagainst Defendant City of Baldwin Park in\r\nexchange for $17,500 and Defendant Jonathan Ponce in exchange for $15,000. If approved, $6,664.28 will be used for\r\nmedical expenses and $8,125 will be used for attorney’s fees, leaving a balance\r\nof $17,710.72 for Claimant to be deposited into a blocked account, subject\r\nto withdrawal only upon authorization of the court.

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Court\r\napproval 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\r\nsettlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which\r\namounts to approximately 25% of the total settlement, is fair and reasonable.

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The\r\nunopposed Petition to approve minor’s compromise is GRANTED.

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Per\r\nCalifornia Rules of Court, Rule 7.952, Petitioner and Claimant must appear at\r\nthe hearing, unless the Court finds good cause to excuse their appearance. The Court excuses Petitioner and Claimant\r\nfrom appearing.

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Moving\r\nparty to give notice.

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Parties\r\nwho intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org\r\nindicating intention to submit on the tentative as directed by the instructions\r\nprovided on the court website at www.lacourt.org.

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Case Number: BC683324 Hearing Date: August 23, 2021 Dept: 27

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SUPERIOR\r\nCOURT OF THE STATE OF CALIFORNIA

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FOR\r\nTHE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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SAMUEL\r\n RODRIGUEZ, JR., et al.,

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Plaintiffs,

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vs.

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JONATHAN PONCE, et al.,

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Defendants.

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\r\n CASE NO.: BC683324

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

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Dept. 27

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8:30 a.m.

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August 23, 2021

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Claimant\r\nSamuel Rodriguez Jr. (“Claimant”), a minor, by and through his Guardian Ad\r\nLitem, Samuel Rodriguez Sr. (“Petitioner”), has agreed to settle his claims\r\nagainst Defendants Jonathan Ponce and City of Baldwin Park in exchange for $32,500. If approved, $6,664 will be used for medical\r\nexpenses and $8,125 will be used for attorney’s fees, leaving a balance of $17,711\r\nfor Claimant to be deposited into a blocked account, subject to withdrawal\r\nonly upon authorization of the court.

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Court\r\napproval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.;\r\nCode Civ. Proc. § 372.) The Court has\r\nreviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which\r\namount to approximately 25% of the total settlement, is fair and reasonable.

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However,\r\nItem 12a(2) states $0 has been paid for medical expenses even though a letter\r\nfrom the Department of Health Care Services states that Claimant has received\r\n$2,519.94 in benefits. In turn, although\r\nClaimant has received $2,510.94 in benefits, Item 12b(4) states that Medi-Cal\r\nhas only paid $1,889.00. Lastly, Item\r\n12a(5)(a)(i) is checked even though liens are identified in Item 12b(5)(b),\r\nincluding a duplicative reference to Medi-Cal's lien.

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The\r\nunopposed Petition to approve minor’s compromise is DENIED without prejudice.

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Per\r\nCalifornia Rules of Court, Rule 7.952, Petitioner and Claimant must appear at\r\nthe hearing, unless the Court finds good cause to excuse their appearance. The Court finds good cause to excuse their\r\nappearances.

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Moving\r\nparty to give notice.

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Parties\r\nwho intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org\r\nindicating intention to submit on the tentative as directed by the instructions\r\nprovided on the court website at www.lacourt.org.

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