This case was last updated from Los Angeles County Superior Courts on 10/03/2020 at 07:04:52 (UTC).

TROY EVANS DIKEOS VS DENNIS BALDRY ET AL

Case Summary

On 10/04/2017 TROY EVANS DIKEOS filed a Personal Injury - Other Personal Injury lawsuit against DENNIS BALDRY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8392

  • Filing Date:

    10/04/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiff and Petitioner

DIKEOS TROY EVANS

Defendants and Respondents

BALDRY AYAN MELISSA HENDERSON

BALDRY STEPHEN

HENDERSON J.M. LIVING TRUST

DOES 1 TO 100

DE LA TORRE RUDY

AYODELE KWESI HENDERSON

JEANETTE M HENDERSON TRUST

RODOLFO DE LA TORRE SUED AS RUDY DE LA

HENDERSON AYODELE KWESI

LA RODOLFO DE TORRE SUED AS RUDY DE

Other

BALDRY DENNIS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

MARZBAN MICHAEL M. ESQ.

Other, Defendant and Respondent Attorneys

SMITH FRED B. ESQ.

NGO PHACH T. ESQ.

MANNING & KASS

SMITH FREDERICK BRUCE ESQ.

FARINPOUR ZUBIN ESQ.

NGO PHACH TRINH ESQ.

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 06/17/2020

6/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 06/17/2020

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

3/23/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT...)

Petition to Approve Compromise of Disputed Claim

2/14/2020: Petition to Approve Compromise of Disputed Claim

Order to Deposit - ORDER TO DEPOSIT ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT

2/21/2020: Order to Deposit - ORDER TO DEPOSIT ORDER TO DEPOSIT MONEY INTO BLOCKED ACCOUNT

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

2/21/2020: 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

Notice - NOTICE NOTICE OF RULING

1/30/2020: Notice - NOTICE NOTICE OF RULING

Notice - NOTICE OF CONTINUANCE OF PETITION TO APPROVE COMPROMISE

11/22/2019: Notice - NOTICE OF CONTINUANCE OF PETITION TO APPROVE COMPROMISE

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

11/18/2019: Minute Order - MINUTE ORDER (HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE)

Notice of Settlement

9/3/2019: Notice of Settlement

Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF SETTLEMENT)

9/3/2019: Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF SETTLEMENT)

Opposition - OPPOSITION (TO DEFENDANT'S EX PARTE OF JUNE 21, 2019)

6/21/2019: Opposition - OPPOSITION (TO DEFENDANT'S EX PARTE OF JUNE 21, 2019)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

5/13/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

CIVIL DEPOSIT -

9/20/2018: CIVIL DEPOSIT -

PROOF OF SERVICE OF SUMMONS

2/16/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

2/16/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

2/16/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE SUMMONS -

3/2/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

4/10/2018: PROOF OF SERVICE SUMMONS -

35 More Documents Available

 

Docket Entries

  • 09/15/2020
  • DocketRequest for Dismissal; Filed by TROY EVANS DIKEOS (Plaintiff)

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  • 07/20/2020
  • DocketReceipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account; Filed by TROY EVANS DIKEOS (Plaintiff)

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  • 07/02/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Settlement) (and Proof of Deposit to Blocked Account) - Not Held - Advanced and Continued - by Court

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  • 06/24/2020
  • DocketNotice (NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE DISMISSAL); Filed by TROY EVANS DIKEOS (Plaintiff)

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  • 06/17/2020
  • Docketat 10:19 AM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 06/17/2020
  • DocketMinute Order ( (Court Order Re: Covid-19)); Filed by Clerk

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  • 06/17/2020
  • DocketCertificate of Mailing for ((Court Order Re: Covid-19) of 06/17/2020); Filed by Clerk

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  • 04/10/2020
  • DocketNotice (of Continuance of Order to Show Cause Re Dismissal and Proof of Deposit to Blocked Account); Filed by TROY EVANS DIKEOS (Plaintiff)

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  • 04/10/2020
  • DocketAmended Notice of Continuance of Order to Show Cause and Proof of Deposit; Filed by TROY EVANS DIKEOS (Plaintiff)

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  • 04/07/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Settlement) (and Proof of Deposit to Blocked Account) - Not Held - Advanced and Continued - by Court

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67 More Docket Entries
  • 02/16/2018
  • DocketProof-Service/Summons; Filed by TROY EVANS DIKEOS (Plaintiff); Dennis Baldry (Defendant)

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  • 02/16/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 02/16/2018
  • DocketProof-Service/Summons; Filed by TROY EVANS DIKEOS (Plaintiff); Dennis Baldry (Defendant)

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  • 02/16/2018
  • DocketProof-Service/Summons; Filed by TROY EVANS DIKEOS (Plaintiff); Dennis Baldry (Defendant)

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  • 10/19/2017
  • DocketSummons; Filed by Plaintiff

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  • 10/19/2017
  • DocketSUMMONS

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  • 10/05/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CML EX PARTE

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  • 10/05/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 10/04/2017
  • DocketCOMPLAINT FOR DAMAGES: 1. NEGLIGENCE ;ETC

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  • 10/04/2017
  • DocketComplaint; Filed by TROY EVANS DIKEOS (Plaintiff)

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Tentative Rulings

Case Number: BC678392    Hearing Date: February 21, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TROY EVANS DIKEOS, et al.,

Plaintiff(s),

vs.

DENNIS BALDRY, et al.,

Defendant(s).

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Case No.: BC678392

[TENTATIVE] ORDER GRANTING PETITIONER’S PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Dept. 31

1:30 p.m.

February 21, 2020

1. Background Facts

Plaintiff Troy Evans Dikeos (“Plaintiff”) a minor by and through his guardian ad litem, Gary Dikeos, filed this action on October 4, 2017 against Defendants Dennis Baldry, Stephen Baldry, Ayana Melissa Henderson Baldry, Henderson J.M. Living Trust a.k.a. Jeanette M. Henderson Trust, Ayodele Kwesi Henderson, Rudy De La Torre, and Does 1-100.  Plaintiff alleged that on July 14, 2017, Defendant Dennis Baldry handed Plaintiff a firework, lit it, and shortly after, the firework exploded in Plaintiff’s hand.  Plaintiff suffered severe and permanent injuries and damages, including the amputation of his right (dominant) hand, a fractured left ring finger, stitches to his left forearm, and multiple lacerations. 

2. Discussion

Plaintiff, by and through his GAL and attorney, has agreed to settle his action with Defendants for the total amount of $305,000.00.  If approved, $18,365.03 will be used for outstanding medical expenses, $101,666.67 for attorneys’ fees, and $3,604.27 for costs of suit.  Petitioner proposes to place the net settlement amount of $181,364.03 into a blocked account that will only be accessible by Plaintiff after his 18th birthday. Plaintiff has filed Form MC-355 - Order to Deposit Money into Blocked Account with the moving papers.

The Court has reviewed the settlement and finds it is fair and reasonable.  The Court also finds the attorneys’ fees fair and reasonable, in that they amount to 33 and 1/3% of the total settlement.  Plaintiff’s attorney’s declaration explaining the basis of the fee is attached as Attachment 14a, and a copy of the fee agreement is attached as Attachment 18a.

Plaintiff properly filed the petition on form MC-350 and a proposed order on form MC-351. Proof of service on Defendants was filed with the moving papers. 

Finally, per CRC 7.952, Petitioner and Plaintiff must appear at the hearing.  The Court will require their appearance in order to grant the petition. 

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. 

Dated this 21st day of February, 2020

Hon. Jon Takasugi

Judge of the Superior Court

Case Number: BC678392    Hearing Date: January 13, 2020    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TROY EVANS DIKEOS,

Plaintiff(s),

vs.

DENNIS BALDRY, ET AL.,

Defendant(s).

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Case No.: BC678392

[TENTATIVE] ORDER DENYING PETITION TO APPROVE COMPROMISE OF MINOR WITHOUT PREJUDICE

Dept. 3

1:30 p.m.

January 13, 2020

Plaintiff, Troy Evans Dikeos filed this action against Defendants, Dennis Baldry, Stephen Baldry, Ayana Baldry, the Henderson J. M. Living Trust, Ayodele Kwesi Henderson, and Rudy de la Torre for damages arising out of a fireworks explosion that resulted in the amputation of Plaintiff’s right (dominant) hand.

The parties have agreed to a global settlement of the action. Pursuant to the settlement, the Trust would pay $301,000. The Baldrys would pay a total of $5000 in $200/month increments. De La Torre would be dismissed for a waiver of costs. $3004.27 would be used for costs of suit, $18,365.03 for medical expenses, and $120,400 for attorneys’ fees. $5000 would be placed in a blocked account, and the remaining $154,230.70 would be used to create a structured settlement.

The Court was originally scheduled to hear this petition on 11/18/19. The Court continued the hearing on the petition to 1/13/20 because of various defects in the petition. On 11/22/19, Plaintiff gave notice of the continued petition date. To date, however, Petitioner has not filed any additional papers correcting the defects in the petition. The petition is therefore denied without prejudice at this time.

Pursuant to CRC 7.952, unless excused, Plaintiff and Petitioner must appear and testify to the satisfaction of the Court before the Court can grant the petition. Plaintiff is sixteen years old, and therefore the Court will require her to appear and testify. Plaintiff and Petitioner may appear and testify in connection with this petition or in connection with the amended petition, at their preference.

Petitioner is ordered to give notice.

Dated this 13th day of January, 2020

Hon. Jon Takasugi

Judge of the Superior Court

Case Number: BC678392    Hearing Date: November 18, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TROY EVANS DIKEOS,

Plaintiff(s),

vs.

DENNIS BALDRY, ET AL.,

Defendant(s).

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)

)

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Case No.: BC678392

[TENTATIVE] ORDER DENYING PETITION TO APPROVE COMPROMISE OF MINOR WITHOUT PREJUDICE

Dept. 3

1:30 p.m.

November 18, 2019

Plaintiff, Troy Evans Dikeos filed this action against Defendants, Dennis Baldry, Stephen Baldry, Ayana Baldry, the Henderson J. M. Living Trust, Ayodele Kwesi Henderson, and Rudy de la Torre for damages arising out of a fireworks explosion that resulted in the amputation of Plaintiff’s right (dominant) hand.

The parties have agreed to a global settlement of the action. Pursuant to the settlement, the Trust would pay $301,000. The Baldrys would pay a total of $5000 in $200/month increments. De La Torre would be dismissed for a waiver of costs. $3004.27 would be used for costs of suit, $18,365.03 for medical expenses, and $120,400 for attorneys’ fees. $5000 would be placed in a blocked account, and the remaining $154,230.70 would be used to create a structured settlement.

The petition is denied without prejudice because it is deficient in the following respects:

· Petitioner filled out box 19a, which applies when there is a guardianship of the estate of the minor. Appointment of a guardian ad litem is not tantamount to a guardianship of the estate of the minor. If there is a guardianship, it is created in probate court and has a separate case number. Petitioner must either provide the probate court case number or choose options in ¶19b.

· Petitioner indicates, at ¶19a(1), that $5000 will be paid to the guardian of the estate of the minor. However, at ¶11c, Petitioner says the $5000 will be placed in a blocked account. Additionally, there is a proposed order to place $5000 in a blocked account. This must be consistent.

· There is no box checked, anywhere in ¶19a or ¶19b, concerning the remaining $154,230.70. A corresponding box must be checked. Notably, the proposed order granting the petition is also silent concerning distribution of these funds.

· Counsel filed a declaration in support of a request for a 40% contingency fee. The Court is not satisfied that the efforts in this case justify such a high fee. The Court asks Counsel to reduce the fee in connection with an amended petition.

Pursuant to CRC 7.952, unless excused, Plaintiff and Petitioner must appear and testify to the satisfaction of the Court before the Court can grant the petition. Plaintiff is sixteen years old, and therefore the Court will require her to appear and testify. Plaintiff and Petitioner may appear and testify in connection with this petition or in connection with the amended petition, at their preference.

Petitioner is ordered to give notice.

Dated this 18th day of November, 2019

Hon. Jon Takasugi

Judge of the Superior Court