This case was last updated from Los Angeles County Superior Courts on 10/12/2020 at 06:24:14 (UTC).

STEVAN CORTEZ ET AL VS KEYDEN KING ET AL

Case Summary

On 04/06/2018 STEVAN CORTEZ filed a Civil Right - Other Civil Right lawsuit against KEYDEN KING. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELIZABETH ALLEN WHITE and LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1001

  • Filing Date:

    04/06/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELIZABETH ALLEN WHITE

LAURA A. SEIGLE

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

VENTURA VIOLETA

CORTEZ STEVAN

Defendants and Respondents

PALOMERA JOSE

DOE 1

LOS ANGELES UNIFIED SCHOOL DISTRICT

CASTILLO RUTH

KING KEYDEN

DOES 3-100

WEST ATHENS ELEMENTARY SCHOOL

DOE 2

Defendant and Other

KING KEYDEN

Plaintiff and Minor

CORTEZ STEVAN

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorney

WEBERMAN JANCE M. ESQ.

Defendant, Respondent and Other Attorneys

QUIGLEY LANE ESQ.

QUIGLEY LANE

 

Court Documents

Petition to Approve Compromise of Disputed Claim

9/1/2020: Petition to Approve Compromise of Disputed Claim

Order - ORDER TO CONTINUE MINOR'S COMPROMISE HEARING

7/10/2020: Order - ORDER TO CONTINUE MINOR'S COMPROMISE HEARING

Minute Order - MINUTE ORDER (ORDER RE: EXPEDITED PETITIONS TO APPROVE MINORS COMPROMISES ...)

7/14/2020: Minute Order - MINUTE ORDER (ORDER RE: EXPEDITED PETITIONS TO APPROVE MINORS COMPROMISES ...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]

4/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/06/2020

4/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/06/2020

Stipulation - No Order - STIPULATION - NO ORDER TO CONTINUE MINORS COMPROMISE HEARING RE: MEDICAL REPORT/PSYCHOLOGICAL REPORT AS TO EXTENT OF INJURIES

2/26/2020: Stipulation - No Order - STIPULATION - NO ORDER TO CONTINUE MINORS COMPROMISE HEARING RE: MEDICAL REPORT/PSYCHOLOGICAL REPORT AS TO EXTENT OF INJURIES

Minute Order - MINUTE ORDER (HEARING ON PETITIONER VIOLETA VENTURA'S PETITION TO CONFIRM M...)

12/18/2019: Minute Order - MINUTE ORDER (HEARING ON PETITIONER VIOLETA VENTURA'S PETITION TO CONFIRM M...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER ADVANCING HEARING ON PETITIONER VIOLETA VENTURA'S...) OF 12/11/2019

12/11/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER ADVANCING HEARING ON PETITIONER VIOLETA VENTURA'S...) OF 12/11/2019

Order - RULING: PETITION FOR MINOR'S COMPROMISE

11/20/2019: Order - RULING: PETITION FOR MINOR'S COMPROMISE

Minute Order - MINUTE ORDER (HEARING ON PETITIONER VIOLETA VENTURA'S AMENDED PETITION TO C...)

11/20/2019: Minute Order - MINUTE ORDER (HEARING ON PETITIONER VIOLETA VENTURA'S AMENDED PETITION TO C...)

Petition to Approve Compromise of Disputed Claim - PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM AMENDED

11/1/2019: Petition to Approve Compromise of Disputed Claim - PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM AMENDED

Minute Order - MINUTE ORDER (HEARING ON PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE TRIAL)

10/4/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE TRIAL)

Petition to Approve Compromise of Disputed Claim

10/24/2019: Petition to Approve Compromise of Disputed Claim

Minute Order -

9/13/2018: Minute Order -

CIVIL DEPOSIT -

9/13/2018: CIVIL DEPOSIT -

CASE MANAGEMENT STATEMENT -

6/26/2018: CASE MANAGEMENT STATEMENT -

DECLARATION RE: AUTOMATIC EXTENSION TO FILE RESPONSIVE PLEADING PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 435.5(A)(2)

6/4/2018: DECLARATION RE: AUTOMATIC EXTENSION TO FILE RESPONSIVE PLEADING PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 435.5(A)(2)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

4/12/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

58 More Documents Available

 

Docket Entries

  • 01/05/2021
  • Hearing01/05/2021 at 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Enforce Settlement

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  • 01/05/2021
  • Hearing01/05/2021 at 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Enforce Settlement

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  • 12/29/2020
  • Hearing12/29/2020 at 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Proof of Deposit in the Blocked Accounts

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  • 12/29/2020
  • Hearing12/29/2020 at 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Proof of Deposit in the Blocked Accounts

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  • 10/06/2020
  • Docketat 10:00 AM in Department 48, Laura A. Seigle, Presiding; Hearing on Motion to Enforce Settlement - Not Held - Rescheduled by Party

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  • 10/06/2020
  • Docketat 10:00 AM in Department 48, Laura A. Seigle, Presiding; Hearing on Motion to Enforce Settlement - Not Held - Rescheduled by Party

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  • 10/05/2020
  • 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 Violeta Ventura (Plaintiff)

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  • 10/05/2020
  • 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 Violeta Ventura (Plaintiff)

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  • 10/02/2020
  • DocketNotice (of Continuance of LAUSD's Motion to Enforce Settlement); Filed by Los Angeles Unified School District (Defendant)

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  • 10/02/2020
  • DocketNotice (of Continuance of LAUSD's Motion to Enforce Settlement); Filed by Los Angeles Unified School District (Defendant)

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198 More Docket Entries
  • 05/10/2018
  • DocketProof-Service/Summons; Filed by Violeta Ventura (Plaintiff); Stevan Cortez (Plaintiff)

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  • 05/10/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/01/2018
  • DocketSummons; Filed by Violeta Ventura (Plaintiff); Stevan Cortez (Plaintiff)

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  • 05/01/2018
  • DocketSUMMONS

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  • 04/20/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/20/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/12/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/12/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 04/06/2018
  • DocketCOMPLAINT FOR DAMAGES

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  • 04/06/2018
  • DocketComplaint; Filed by null

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Tentative Rulings

Case Number: BC701001    Hearing Date: July 13, 2020    Dept: 48

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

Claimant Stevan Cortez (“Claimant”), a minor, by and through his Guardian Ad Litem, Violeta Ventura (“Petitioner”), has agreed to settle his claims against Defendant Los Angeles Unified School District in exchange for $100,000.00.

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 cannot find that it is fair and reasonable at this time. On July 6, 2020, counsel for Petitioner submitted a declaration requesting to increase the settlement by $40,000.00. The request is based on approximately $20,000.00 in supposed additional medical expenses incurred and paid by counsel. The request to increase the settlement amount indicates that Petitioner may not believe the settlement is fair. On that basis, the Court finds that there is insufficient evidence that the settlement is in the minor’s best interests. The Court cannot order the parties to settle at a higher number, and a minor’s compromise hearing is not a forum to re-negotiate a settlement agreement.

Petitioner does not provide sufficient evidence of the increased medical bills that counsel claims to have paid. Item 5 shows significantly increased medical expenses from the originally-approved petition without documentation of those increased medical expenses or proof that counsel paid the increased medical expenses.

Item 13b(5)(a) is not complete because the total amounts are not listed in the blank and box.

Item 19 states both that Petitioner is the guardian or conservator of the minor’s estate and that there is no guardianship of minor’s estate. The petition does not include Attachments 19a(2), 19b(1), or 19 as indicated. A guardian or conservator of the minor’s estate is different from a guardian ad litem.

If the balance of the funds will be deposited into a blocked account as indicated in Item 19(b)(2), Petitioner must also submit Judicial Council Form MC-355 Order to Deposit Money into Blocked Account.

Petitioner’s counsel asks for $31,000.00 in attorney fees in Item 14, but then asks for $40,332.60 to $48,387.00 in fees in Item 21.3, without explanation. Item 21.3 also refers to medical expenses but does not refer to the provider, the amount of medical expenses, and whether the expenses have been paid and by whom.

Additionally, counsel’s declaration in support of the reasonableness of attorney fees does not adequately address the factors listed in California Rules of Court rule 7.955(b), as required by rule 7.955(c).

For these reasons, the Petition to Confirm Minor’s Compromise is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

Case Number: BC701001    Hearing Date: December 18, 2019    Dept: 48

PETITION FOR MINOR’S COMPROMISE

MOVING PARTY: Petitioner Violeta Ventura on behalf of minor claimant Steven Cortez

RESPONDING PARTY(S): No opposition filed.

PROOF OF SERVICE:

Case Number: BC701001    Hearing Date: November 20, 2019    Dept: 48

PETITION FOR MINOR’S COMPROMISE

MOVING PARTY: Petitioner Violeta Ventura on behalf of minor claimant Steven Cortez

RESPONDING PARTY(S): No opposition filed.

PROOF OF SERVICE: