On 04/11/2017 VICTOR MEJIA filed a Personal Injury - Other Personal Injury lawsuit against LYNWOOD UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
AMY D. HOGUE
TESSIE CLEVELAND COMMUNITY SERVICES CORPORATION
LYNWOOD UNIFIED SCHOOL DISTRICT
SESHAH G WOLDE-TSASDIK
MCNAIR GREGORY LUMMAR
WYATT WILLIAM KEITH
WOLDE-TSADIK SESHAH G
LEHMAN BRENT J
GALLAGHER TERRENCE J. ESQ.
LEHMAN BRENT JAY
GALLAGHER TERENCE JOSEPH ESQ.
ALLIANCE FOR STUDENTS' RIGHTS APC
7/9/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT)
10/2/2019: Notice of Lodging - NOTICE OF LODGING FULLY EXECUTED SETTLEMENT AND RELEASE AGREEMENT
10/3/2019: Notice - NOTICE AMENDED NOTICE OF HEARING RE COMPROMISE OF PENDING ACTION
2/20/2020: Notice of Ruling
2/24/2020: Declaration - DECLARATION RE CLAIMANT'S DISABILITY AND SPECIAL NEEDS TRUST
4/14/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)
7/3/2018: SEPARATE STRERSIENT REG.IDENG PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION AND INSPECTION OF DOCUMENTS SET NO. 2 TO LYNWOOD UNIFIED SCHOOL DISTRICT
9/4/2018: ORDER RE:PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION SET TWO;MOTION GRANTED
9/10/2018: NOTICE OF RULING REGARDING PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS TO LYN WOOD UNIFIED SCHOOL DISTRICT, SET NO. TWO
10/31/2018: Motion to Compel - Motion to Compel compliance with deposition subpoena for production of business records issued to Tessie Cleveland Community Services Corporation and request for monetary sanctions
11/2/2018: [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
11/5/2018: Association of Attorney
11/16/2018: Separate Statement
11/16/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 11/16/2018
11/16/2018: Motion for Summary Judgment
11/20/2018: Minute Order - Minute Order (Ex-Parte Proceedings)
7/25/2017: PROOF OF SERVICE SUMMONS -
9/15/2017: MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT
Hearing06/30/2020 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise with Special Needs TrustRead MoreRead Less
Hearing06/30/2020 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)Read MoreRead Less
Docketat 1:30 PM in Department 27, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((conditional)) - Not Held - Continued - Court's MotionRead MoreRead Less
Docketat 1:30 PM in Department 27, Laura A. Seigle, Presiding; Hearing on Petition to Confirm Minor's Compromise with Special Needs Trust - Not Held - Continued - Court's MotionRead MoreRead Less
DocketNotice of Continuance (of Hearing on Petition to Confirm Minors Compromise and OSC); Filed by Andrea Martin (Plaintiff)Read MoreRead Less
Docketat 3:00 PM in Department 27, Laura A. Seigle, Presiding; Court OrderRead MoreRead Less
DocketMinute Order ( (Court Order re: COVID-19)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ((Court Order re: COVID-19) of 04/14/2020); Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department 4B; (OSC RE Dismissal) - Not Held - Advanced and VacatedRead MoreRead Less
Docketat 1:30 PM in Department 27, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((conditional)) - Not Held - Continued - Court CongestionRead MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketProof-Service/Summons; Filed by Victor Mejia (Plaintiff)Read MoreRead Less
DocketSummons; Filed by ClerkRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketSummons Issued; Filed by ClerkRead MoreRead Less
DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketComplaint; Filed by nullRead MoreRead Less
DocketApplication ; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketCOMPLAINT F0R DAMAGES 1. NEGLIGENCE ;ETCRead MoreRead Less
DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVILRead MoreRead Less
Case Number: BC657254 Hearing Date: February 20, 2020 Dept: 27
[TENTATIVE] ORDER RE PETITION TO CONFIRM MINOR'S COMPROMISE
On January 13, 2020, the court issued an order detailing deficiencies in Petitioner's Petition to Confirm Minor's Compromise and continued the hearing on the Petition to February 20, 2020 so that Petitioner could remedy the deficiencies, give proper notice, and file a supplemental declaration containing the necessary information described in the January 13, 2020 order. Petitioner did not file any additional documentation showing that she remedied the deficiencies and gave proper notice. Accordingly, the Petition is DENIED.
Moving party is 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.
Case Number: BC657254 Hearing Date: January 13, 2020 Dept: 4B
[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE
Victor Mejia (“Claimant”), by and through his guardian ad litem, Andrea Marin (“Petitioner”), seeks to settle his claims against defendants Lynwood Unified School District and Denna Jackson for the amount of $175,000. If approved, $0 will be used to pay for medical expenses, $51,939.57 will be used to pay attorney’s fees, and $19,165.71 will be used to pay non-medical expenses, leaving a balance of $103,894.72 for Claimant. Petitioner proposes $80,000 will be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court, and $20,000 will be paid to the trustee of a Special Needs Trust (“SNT”). The remaining $3,894.72 will be distributed into a Client Trust Account maintained by Claimant’s counsel, Alliance for Student Rights, APC to be paid to the Department of Health Care Services for any liens. Remaining funds in the account on April 1, 2020, with any interest earned, will be deposited into the SNT by April 11, 2020.
Court approval is required for all settlements of claims by a minor. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) However, the Petition reserves the possibility of statutory liens on medical services and sets aside $3,894.72 even though there is no indication as to the range of the amounts of any existing liens. Claimant is to obtain a statement from DHCS regarding any lien.
When a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612 (“SNT”), the terms of the proposed trust must be reviewed by the Probate Department. (L.A. County Sup. Ct. Rule 4.115(c).) The Probate Department has reviewed the proposed SNT and has made its recommendations.
Based on the information provided, the Court cannot find that Claimant has a disability which substantially impairs the individual’s ability to provide for his own care or custody and constitutes a substantial handicap. The attached proposed SNT is a CPT pooled trust. The Declaration of Will Lindahl, the executive director of the CPT Institute, states: “All customers enrolled in CPT Institute are totally and permanently disabled based on the Social Security definition.” The Petition does not establish that Claimant meets that standard. The Petition states there are no permanent injuries, and Claimant has recovered completely from the effects of his injuries. Attachment 8 states doctors who examined Claimant opined that Claimant is not suffering from a traumatic brain injury and has visual impairment not caused by trauma. Petitioner must file a supplemental declaration providing more information as to Claimant’s condition and disability and the public assistance Claimant is able to obtain based on his special needs.
In addition, the Petition does not provide sufficient information for the Court to find that Claimant is likely to have special needs that will not be met without the trust or that the money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet Claimant’s special needs.
Trustee and Bond
Bond must be required of a trustee unless they are a corporate fiduciary. (Cal. Rules of Court, Rule 7.903(c)(5); Prob. Code, § 2320.) The proposed Trustee is CPT, a Florida non-profit corporation, so no bond is required. The Trust otherwise complies with the various code requirements and the requirements of California Rule of Court 7.903 are met.
The Intake & Remainder Beneficiary Designation is incomplete in Schedule C. (See Petition at p. 140.) The completed form must be filed.
When seeking approval of a SNT, service must be made upon three state agencies including the Department of Mental Health, Department of Developmental Services, and Department of Health Care Services at least 15 days before the hearing. (Prob. Code, §§ 3602(f); 3611(c).)
The hearing is continued to February 20, 2020 at 1:30 p.m. so that Petitioner may give proper notice to these entities, remedy the deficiencies described above, and file a supplemental declaration containing the additional information described above.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.