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 Other.
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04/06/2018
Other
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELIZABETH ALLEN WHITE
LAURA A. SEIGLE
VENTURA VIOLETA
CORTEZ STEVAN
PALOMERA JOSE
DOE 1
LOS ANGELES UNIFIED SCHOOL DISTRICT
CASTILLO RUTH
KING KEYDEN
DOES 3-100
WEST ATHENS ELEMENTARY SCHOOL
DOE 2
KING KEYDEN
CORTEZ STEVAN
WEBERMAN JANCE M. ESQ.
QUIGLEY LANE ESQ.
QUIGLEY LANE
9/1/2020: Petition to Approve Compromise of Disputed Claim
7/10/2020: Order - ORDER TO CONTINUE MINOR'S COMPROMISE HEARING
7/14/2020: Minute Order - MINUTE ORDER (ORDER RE: EXPEDITED PETITIONS TO APPROVE MINORS COMPROMISES ...)
4/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]
4/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/06/2020
2/26/2020: Stipulation - No Order - STIPULATION - NO ORDER TO CONTINUE MINORS COMPROMISE HEARING RE: MEDICAL REPORT/PSYCHOLOGICAL REPORT AS TO EXTENT OF INJURIES
12/18/2019: Minute Order - MINUTE ORDER (HEARING ON PETITIONER VIOLETA VENTURA'S PETITION TO CONFIRM M...)
12/11/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER ADVANCING HEARING ON PETITIONER VIOLETA VENTURA'S...) OF 12/11/2019
11/20/2019: Order - RULING: PETITION FOR MINOR'S COMPROMISE
11/20/2019: Minute Order - MINUTE ORDER (HEARING ON PETITIONER VIOLETA VENTURA'S AMENDED PETITION TO C...)
11/1/2019: Petition to Approve Compromise of Disputed Claim - PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM AMENDED
10/4/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE TRIAL)
10/24/2019: Petition to Approve Compromise of Disputed Claim
9/13/2018: Minute Order -
9/13/2018: CIVIL DEPOSIT -
6/26/2018: CASE MANAGEMENT STATEMENT -
6/4/2018: DECLARATION RE: AUTOMATIC EXTENSION TO FILE RESPONSIVE PLEADING PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 435.5(A)(2)
4/12/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL
DocketRequest (FOR AN AMENDED ORDER TO DEPOSIT FUNDS INTO MINOR'S BLOCKED ACCOUNT LESS THE AMOUNT DUE ON THE MED-I-CAL LIEN, $364.74, NET DEPOSIT OF $42,129.93; DECLARATION OF JAN CE M. WEBERMANINSUPPORTTHEREOF); Filed by Stevan Cortez (Plaintiff); Violeta Ventura (Plaintiff)
DocketRequest for Dismissal; Filed by Stevan Cortez (Plaintiff); Violeta Ventura (Plaintiff)
Docketat 10:00 AM in Department 48, Laura A. Seigle, Presiding; Hearing on Motion to Enforce Settlement - Not Held - Rescheduled by Party
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)
DocketNotice (of Continuance of LAUSD's Motion to Enforce Settlement); Filed by Los Angeles Unified School District (Defendant)
DocketOrder to Deposit Money Into Blocked Account; Filed by Violeta Ventura (Plaintiff)
Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Court Order
DocketCertificate of Mailing for ((ORDER RE: PETITION TO APPROVE MINOR?S COMPROMISE) of 09/28/2020); Filed by Clerk
DocketMinute Order ( (ORDER RE: PETITION TO APPROVE MINOR?S COMPROMISE)); Filed by Clerk
Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Order to Show Cause Re: (Proof of Deposit into the Blocked Accounts) - Not Held - Vacated by Court
DocketPROOF OF SERVICE SUMMONS
DocketProof-Service/Summons; Filed by Violeta Ventura (Plaintiff); Stevan Cortez (Plaintiff)
DocketSUMMONS
DocketSummons; Filed by Violeta Ventura (Plaintiff); Stevan Cortez (Plaintiff)
DocketNotice of Case Management Conference; Filed by Clerk
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketApplication ; Filed by Plaintiff/Petitioner
DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL
DocketCOMPLAINT FOR DAMAGES
DocketComplaint; Filed by null
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:
DENY petition for approval of minor’s compromise.
ANALYSIS
Petitions to Approve Minor’s Compromise
“[T]he protective role the court generally assumes in cases involving minors [is] . . . to assure that whatever is done is in the minor's best interests. The court functions similarly in approving a minor's compromise where its primary concern is whether the compromise is sufficient to provide for the minor's injuries, care and treatment.” Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.
Pursuant to the settlement with Defendants LAUSD, Jose Palomera and Ruth Castillo, the minor claimant will receive $100,000, less $4,928.00 in medical expenses, $25,000 in attorney’s fees, $4,222.24 in expenses, leaving a balance of $65,849.76. The balance of the proceeds are to be deposited in an insured account subject to withdrawal only upon authorization of the Court. Petition, ¶ 9.b(2); attachment 19b(2).
In his Declaration filed on December 2, 2019, attorney Jance M. Weberman states at ¶ 11 of her Declaration: “I do not believe I can in good conscience settle this case when the extent of the injuries are not known.” On that basis, the Court finds that there is insufficient evidence that the settlement is in the minor’s best interests if even his attorney believes there may be greater damage to the minor’s cognitive processes that require further examination. Id.
Accordingly, the petition to approve minor’s compromise is DENIED.
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:
CONTINUE hearing on petition for approval of minor’s compromise for submission of supplemental declaration.
ANALYSIS
Petitions to Approve Minor’s Compromise
“[T]he protective role the court generally assumes in cases involving minors [is] . . . to assure that whatever is done is in the minor's best interests. The court functions similarly in approving a minor's compromise where its primary concern is whether the compromise is sufficient to provide for the minor's injuries, care and treatment.” Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.
Petitioners Violeta Ventura, as parent and guardian ad litem of the minor claimant Steven Cortez (age 10) seeks approval of the minors’ compromise with Defendants.
FORM MC-350 (REV. JANUARY 1, 2011):
Each of the Petitions were verified by the Petitioners and presented on a fully completed mandatory Judicial Council Form MC-350. CRC Rule 7.950.
SETTLEMENT:
Pursuant to the settlement with Defendants LAUSD, Jose Palomera and Ruth Castillo, the minor claimant will receive $100,000, less $4,928.00 in medical expenses, $25,000 in attorney’s fees, $4,222.24 in expenses, leaving a balance of $65,849.76. The balance of the proceeds are to be deposited in an insured account subject to withdrawal only upon authorization of the Court. Petition, ¶ 9.b(2); attachment 19b(2).
The amount of the recovery appears to be justified due to the fact that Plaintiff is an intellectually challenged 10-year old who was violently attacked in a classroom, suffered closed head injury, abrasion to scalp and emotional and psychological injuries. Petition, ¶¶ 6-7. Notably, the defendant, Keyden King, who committed the assault and battery against claimant, is not among these settling defendants.
ATTORNEY’S FEES:
The retained attorney’s information has been disclosed as required by CRC Rule 7.951. Petition, ¶ 18.b. There is an agreement for services provided in connection with the underlying claim. Petitions, ¶ 18.a.2. A copy of the agreement was attached to the Petition as required by CRC Rule 7.951(6). Petition, Exh. A.
Petitioner’s counsel is seeking to recover $25,000 in attorney fees which represents 25% of the claimant’s recovery before deductions. Petition, ¶ 14.a. Because counsel is seeking to recover attorney’s fees, a declaration is required by CRC Rule 7.955(c) addressing the factors listed in Rule 7.955(b). Here, counsel has not submitted a declaration which addresses the factors listed in Rule 7.955(b).
MEDICAL BILLS:
$4,928.00 will be paid for full satisfaction of medical service provider liens. Petition, ¶ 13.b(5).
COSTS:
$4,222.2. Petition, ¶ 14.b; Exhs. B – E. The costs listed appear to properly be charged against the client.
AMOUNT TO BE PAID TO MINOR
The net amount to be paid to the minor is $65,849.76. Petition, ¶ 17.f.
COURT APPEARANCE
CRC 7.952 requires attendance by the petitioner and claimant unless the court for good cause dispenses with their personal appearance. The court determines that for good cause, a personal appearance is not required.
PROGNOSIS
The claimant has not recovered completely from the effects of the injuries, including emotional trauma. Petition, ¶ 9.b.
DISPOSITION OF BALANCE OF PROCEEDS
The proceeds will be placed in an insured account at a financial institution subject to withdrawal only upon the authorization of the court. Petition, ¶ 19.b(2).
Here, in light of the nature of the injuries suffered by the minor Plaintiff, the Court finds the settlement to be fair and adequate as to minor claimant.
However, the hearing on the petition for approval of minor’s compromise is CONTINUED to December 19, 2019 for submission of a supplemental declaration addressing
the factors listed in Rule 7.955(b) for recovery of attorney’s fees. Supplemental declaration is due December 12, 2019.