This case was last updated from Los Angeles County Superior Courts on 06/15/2019 at 13:16:18 (UTC).

TAWANDA PITRE VS LOS ANGELES UNIFIED SCHOOL DISTRICT ET AL

Case Summary

On 01/27/2017 TAWANDA PITRE filed a Personal Injury - Other Personal Injury lawsuit against LOS ANGELES UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8422

  • Filing Date:

    01/27/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

YOLANDA OROZCO

 

Party Details

Defendants and Respondents

LOS ANGELES UNIFIED SCHOOL DISTRICT

SMITH FREIDA

FRASCO LAURIE

DOES 1 TO 100

Guardian Ad Litem

PITRE TAWANDA

Minor

E.G.

Attorney/Law Firm Details

Defendant Attorney

ALBRIGHT YEE & SCHMIT LLP

Minor Attorney

REISNER ADAM ESQ.

Other Attorneys

IRMAS JARED

 

Court Documents

DECLARATION OF LUCIEN SCHMIT RE: INABILITY TO COMPLY WITH MEET & CONFER REQUIREMENT

12/13/2017: DECLARATION OF LUCIEN SCHMIT RE: INABILITY TO COMPLY WITH MEET & CONFER REQUIREMENT

ORDER APPROVING STIPULATION EXTENDING TIME FOR RESPONSE TO SECOND AMENDED COMPLAINT

1/18/2018: ORDER APPROVING STIPULATION EXTENDING TIME FOR RESPONSE TO SECOND AMENDED COMPLAINT

STIPULATION EXTENDING TIME FOR RESPONSE TO SECOND AMENDED COMPLAINT

1/18/2018: STIPULATION EXTENDING TIME FOR RESPONSE TO SECOND AMENDED COMPLAINT

DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT; ETC

2/8/2018: DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT; ETC

DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT

2/8/2018: DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT

PLAINTIFF'S OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

2/21/2018: PLAINTIFF'S OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT

2/21/2018: PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT

PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT

2/21/2018: PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT

PLAINTIFFS OPPOSITION TO DEFENDANTS DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT

2/21/2018: PLAINTIFFS OPPOSITION TO DEFENDANTS DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT

DEFENDANTS' REPLY BRIEF TO PLAINTIFF'S OPPOSITION TO DEMURRER TO SECOND AMENDED COMPLAINT

2/28/2018: DEFENDANTS' REPLY BRIEF TO PLAINTIFF'S OPPOSITION TO DEMURRER TO SECOND AMENDED COMPLAINT

DEFENDANTS' REPLY BRIEF TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT

2/28/2018: DEFENDANTS' REPLY BRIEF TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT

STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

3/6/2018: STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

Minute Order

3/6/2018: Minute Order

ORDER RE: DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; ETC

3/6/2018: ORDER RE: DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; ETC

NOTICE OF RULING ON DEFENDANTS DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT

3/8/2018: NOTICE OF RULING ON DEFENDANTS DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT

DEFENDANTS' ANSWER TO PLAINTIFF'S UNVERIFIED SECOND AMENDED COMPLAINT

3/16/2018: DEFENDANTS' ANSWER TO PLAINTIFF'S UNVERIFIED SECOND AMENDED COMPLAINT

ORDER AND STIPULATION TO CONTINUE TRIAL

5/16/2018: ORDER AND STIPULATION TO CONTINUE TRIAL

PLAINTIFF'S MOTION IN LIMINE NO. 2 TO EXCLUDE ALL REFERENCE TO GUARDIAN AD LITEM TAWANDA PITRE'S PRIOR EMPLOYMENT LAWSUIT

9/21/2018: PLAINTIFF'S MOTION IN LIMINE NO. 2 TO EXCLUDE ALL REFERENCE TO GUARDIAN AD LITEM TAWANDA PITRE'S PRIOR EMPLOYMENT LAWSUIT

40 More Documents Available

 

Docket Entries

  • 12/19/2018
  • Docketat 08:30 AM in Department 7, Yolanda Orozco, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 12/05/2018
  • Docketat 10:00 AM in Department 7, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 11/16/2018
  • DocketNotice of Settlement of Entire Case; Filed by Tawanda Pitre (Legacy Party); E.G. (Legacy Party)

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  • 11/08/2018
  • Docketat 08:30 AM in Department 7, Yolanda Orozco, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 11/07/2018
  • DocketStipulation - No Order (Re: Settlement)

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  • 10/31/2018
  • DocketDefendants' Mandatory Settlement Conference Statement; Filed by Los Angeles Unified School District (Defendant); Freida Smith (Defendant); Laurie Frasco (Defendant)

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  • 10/31/2018
  • DocketPlaintiff Tawanda Pitre, Guardian Ad Litem for E.G.'s Mandatory Settlement Conference Brief; Filed by Tawanda Pitre (Legacy Party)

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  • 10/26/2018
  • Docketat 08:30 AM in Department 7, Yolanda Orozco, Presiding; Jury Trial - Held - Continued

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  • 10/19/2018
  • Docketat 08:30 AM in Department 7, Yolanda Orozco, Presiding; Ex-Parte Proceedings (of Plaintiff to Continue trial from November 8, 2018 to on or After December 15, 2018 due to November 7, 2018 Mandatory Settlement Conference) - Held - Motion Granted

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  • 10/19/2018
  • DocketEx Parte Application (of Plaintiff to Continue trial from November 8, 2018 to on or After December 15, 2018 due to November 7, 2018 Mandatory Settlement Conference); Filed by Tawanda Pitre (Legacy Party)

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82 More Docket Entries
  • 03/07/2017
  • DocketNOTICE OF REJECTION-APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/06/2017
  • DocketPetition; Filed by Tawanda Pitre (Legacy Party); E.G. (Legacy Party)

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  • 03/06/2017
  • DocketPLAINTIFF'S NOTICE OF PETITION AND PETITION FOR RELIEF FROM GOVERNMENT FILING REQUIREMENTS

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  • 02/22/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 02/22/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 02/21/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/21/2017
  • DocketProof-Service/Summons; Filed by Tawanda Pitre (Legacy Party)

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  • 01/27/2017
  • DocketComplaint; Filed by null

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  • 01/27/2017
  • DocketSUMMONS

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  • 01/27/2017
  • DocketCOMPLAINT FOR DAMAGES: (1) NEGLIGENT SUPERVISION, BREACH OF EDUCATION CODE 44807; ETC

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Tentative Rulings

Case Number: ****8422 Hearing Date: May 18, 2022 Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TAWANDRA PITRE,

Plaintiff(s),

vs.

LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.,

Defendant(s).

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CASE NO: ****8422

ORDER RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF MINOR

Claimant E.G. (“Claimant”), a minor, by and through their guardian ad litem, Tawandra Pitre (“Petitioner”), has agreed to release their claims against Defendants Los Angeles Unified School District, Freida Smith, and Laurie Frasco in exchange for $5,500. If approved, $1,375 will be used to pay attorney’s fees, leaving a balance of $4,125 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim. (Probate Code 3500, 3600, et seq.; Code of Civ. Proc. 372.) The Court has reviewed the proposed settlement and finds it to be fair and reasonable. Further, the Court finds the proposed attorney’s fees, which amount to 25% of the settlement amount, to be fair and reasonable.

In light of the foregoing, the Expedited Petition to Approve Minor’s Compromise is GRANTED.

The Court sets an OSC for August 17, 2022 at 8:30 a.m. for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.



Case Number: ****8422 Hearing Date: January 31, 2022 Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TAWANDRA PITRE,

Plaintiff(s),

vs.

LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.,

Defendant(s).

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CASE NO: ****8422

[TENTATIVE] ORDER RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF MINOR

Claimant Emerald Grismore (“Claimant”), a minor, by and through their guardian ad litem, Tawandra Pitre (“Petitioner”), has agreed to release their claims against Defendants Los Angeles Unified School District, Freida Smith, and Laurie Frasco in exchange for $5,500. If approved, $1,375 will be used to pay attorney’s fees, leaving a balance of $4,125 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim. (Probate Code 3500, 3600, et seq.; Code of Civ. Proc. 372.) The Court has reviewed the proposed settlement and finds it to be fair and reasonable. Further, the Court finds the proposed attorney’s fees, which amount to 25% of the settlement amount, to be fair and reasonable. However, the proposed order to deposit funds checks both Items 5a and 5b; Petitioner needs to select only one of the two.

In light of the foregoing, Petitioner is ordered to submit a revised proposed order to deposit funds on Form MC-355. The OSC re: Dismissal is continued two weeks to February 14, 2022 at 8:30 a.m. The revised proposed order should be submitted no later than February 9, 2022.



Case Number: ****8422    Hearing Date: July 23, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TAWANDA PITRE,

Plaintiff,

vs.

LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.,

Defendants.

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.: BC630549

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

Dept. 27

8:30 a.m.

July 23, 2020

Claimant Emerald Grismore (“Claimant”), a minor, by and through her Guardian Ad Litem, Tawanda Pitre (“Petitioner”), has agreed to settle her claims against Defendants “Los Angeles Unified School District, et al.” in exchange for $5,500.  Court approval is required for all settlements of a minor’s claim.  (Probate Code ;; 3500, 3600, et seq.; Code Civ. Proc. ; 372.) However, the Petition is deficient in the following ways:

  • The settling defendants have not been completely named.  Only LAUSD is named and it is not clear who “et al.” refers to.  Each defendant must be listed in Item 11b.  

  • Item 13b(2)(c) is checked, indicating that a Non-ERISA insured plan paid medical expenses, but Item 13a(1) and 13b(2)(e) state that $0 were paid.  

  • Item 14a and b are both blank. But, both Items 15a, 15b(2), and 15b(3) are checked, indicating Petitioner has paid or become obligated to pay for “attorney’s fees included in the total fee amount shown in Item 14a” and “other expenses included in the total shown in item 14b” in the amount of $1,375.  Also, Items 17a and 17c are blank.  

  • Item 16 is blank. 

  • Item 19b(1) is checked but states that zero dollars will be paid to the guardian of the estate of the minor. There is no Attachment 19b(1). 

  • Item 21 then requests the proceeds be distributed to a blocked account for the minor’s benefit.

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the July 23, 2020 hearing, unless the Court finds good cause to excuse their appearance.  The Court excuses Petitioner and Claimant from appearing.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 23rd day of July 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court



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