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This case was last updated from Los Angeles County Superior Courts on 06/06/2020 at 08:34:59 (UTC).

VICTOR MEJIA ET AL VS LYNWOOD UNIFIED SCHOOL DISTRICT ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7254

  • Filing Date:

    04/11/2017

  • Case Status:

    Pending - Other Pending

  • 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

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiffs, Petitioners and Minors

MEJIA VICTOR

MARTIN ANDREA

TESSIE CLEVELAND COMMUNITY SERVICES CORPORATION

Defendants and Respondents

DOES 1-20

LYNWOOD UNIFIED SCHOOL DISTRICT

JACKSON D

JACKSON DENA

Plaintiff and Guardian Ad Litem

MARTIN ANDREA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SESHAH G WOLDE-TSASDIK

MCNAIR GREGORY LUMMAR

WYATT WILLIAM KEITH

WOLDE-TSADIK SESHAH G

Defendant and Respondent Attorneys

LEHMAN BRENT J

GALLAGHER TERRENCE J. ESQ.

LEHMAN BRENT JAY

GALLAGHER TERENCE JOSEPH ESQ.

Minor Attorney

ALLIANCE FOR STUDENTS' RIGHTS APC

 

Court Documents

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT)

7/9/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT)

Notice of Lodging - NOTICE OF LODGING FULLY EXECUTED SETTLEMENT AND RELEASE AGREEMENT

10/2/2019: Notice of Lodging - NOTICE OF LODGING FULLY EXECUTED SETTLEMENT AND RELEASE AGREEMENT

Notice - NOTICE AMENDED NOTICE OF HEARING RE COMPROMISE OF PENDING ACTION

10/3/2019: Notice - NOTICE AMENDED NOTICE OF HEARING RE COMPROMISE OF PENDING ACTION

Notice of Ruling

2/20/2020: Notice of Ruling

Declaration - DECLARATION RE CLAIMANT'S DISABILITY AND SPECIAL NEEDS TRUST

2/24/2020: Declaration - DECLARATION RE CLAIMANT'S DISABILITY AND SPECIAL NEEDS TRUST

Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

4/14/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

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

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

ORDER RE:PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION SET TWO;MOTION GRANTED

9/4/2018: ORDER RE:PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION SET TWO;MOTION GRANTED

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

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

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

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

[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

11/2/2018: [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

Association of Attorney

11/5/2018: Association of Attorney

Separate Statement

11/16/2018: Separate Statement

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 11/16/2018

11/16/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 11/16/2018

Motion for Summary Judgment

11/16/2018: Motion for Summary Judgment

Minute Order - Minute Order (Ex-Parte Proceedings)

11/20/2018: Minute Order - Minute Order (Ex-Parte Proceedings)

PROOF OF SERVICE SUMMONS -

7/25/2017: PROOF OF SERVICE SUMMONS -

MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

9/15/2017: MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

88 More Documents Available

 

Docket Entries

  • 06/30/2020
  • 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 Trust

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  • 06/30/2020
  • 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)

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  • 04/28/2020
  • Docketat 1:30 PM in Department 27, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((conditional)) - Not Held - Continued - Court's Motion

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  • 04/28/2020
  • 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 Motion

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  • 04/16/2020
  • DocketNotice of Continuance (of Hearing on Petition to Confirm Minors Compromise and OSC); Filed by Andrea Martin (Plaintiff)

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  • 04/14/2020
  • Docketat 3:00 PM in Department 27, Laura A. Seigle, Presiding; Court Order

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  • 04/14/2020
  • DocketMinute Order ( (Court Order re: COVID-19)); Filed by Clerk

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  • 04/14/2020
  • DocketCertificate of Mailing for ((Court Order re: COVID-19) of 04/14/2020); Filed by Clerk

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  • 04/13/2020
  • Docketat 08:30 AM in Department 4B; (OSC RE Dismissal) - Not Held - Advanced and Vacated

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  • 04/13/2020
  • Docketat 1:30 PM in Department 27, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((conditional)) - Not Held - Continued - Court Congestion

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170 More Docket Entries
  • 07/25/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/25/2017
  • DocketProof-Service/Summons; Filed by Victor Mejia (Plaintiff)

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  • 04/25/2017
  • DocketSummons; Filed by Clerk

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  • 04/25/2017
  • DocketSUMMONS

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  • 04/25/2017
  • DocketSummons Issued; Filed by Clerk

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  • 04/20/2017
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 04/11/2017
  • DocketComplaint; Filed by null

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  • 04/11/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/11/2017
  • DocketCOMPLAINT F0R DAMAGES 1. NEGLIGENCE ;ETC

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  • 04/11/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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Tentative Rulings

Case Number: BC657254    Hearing Date: June 30, 2020    Dept: 27

The parties are strongly encouraged to appear telephonically based on the spread of COVID-19, the states of emergency having been declared by Governor Gavin Newsom and President Donald Trump, the General Orders issued by the Presiding Judge, and the Statewide Orders issued by the Chief Justice.

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

VICTOR MEJIA, a minor, by and through his Guardian ad Litem, ANDREA MARIN,

Plaintiff,

vs.

LYNWOOD UNIFIED SCHOOL DISTRICT, a public entity; D. Jackson, an individual and Does 1-20, inclusive, 

Defendants.

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BC657254

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE 

Dept. 27

8:30 a.m.

June 30, 2020

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, $58.70 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 $103,836.02 for Claimant.  Petitioner proposes $80,000 will be invested in a single-premium deferred annuity with Pacific Life & Annuity Services, Inc., subject to withdrawal only upon the authorization of the court, and $23,836.02 will be paid to the trustee of a Special Needs Trust (“SNT”).  

Court approval is required for all settlements of claims by a minor.  (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.)  

SNT

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).)  A SNT may be established only if the court determines that: (1) the minor or person with a disability has a disability that substantially impairs the individual’s ability to provide fo the individual’s own care or custody and constitutes a substantial handicap; (2) the minor or person with a disability is likely to have special needs that will not be met without the trust; and (3) money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the minor or person with a disability.  (Probate Code § 3605(b).)

Upon review of the attorney declaration filed on February 24, 2020, the Court finds that the requirements of Probate Code section 3604(b) are met.  Furthermore, the Probate Department has reviewed the proposed SNT and finds that it is in compliance with the various code requirements.  

Trustee and Bond

The proposed Trustee is CPT Institute.  Per LASC Rule 4.116 (a)(5), the Court orders bond to be posted in the amount of $24,000.  

Joinder Agreement

The Court approves these documents even though they were signed before the Court gave approval

Proposed Order

The proposed Order must be revised to include the correct hearing date.  

The Order must also revise Paragraph 9c on page 4 to state: “Attached hereto and made a part hereof is a copy of the California Charities Pooled Trust (CPT) which is a Pooled Special Needs Trust dated July 1, 2016 that includes the Beneficiary Advocate Acceptance of Duties form, the Joinder Agreement and Schedule C: Intake & Remainder Beneficiary Designation and that Andrea Marin is authorized and directed to execute the Joinder Agreement, a copy of which is made part of this Order. "

The Order must include: 

(1) a complete copy of the Trust and the accompanying documents mentioned above;

(2) a copy of the two page document set forth as Attachment 7C(2)(b) to Form MC-351 which sets forth information about the annuity.  

The Order should also include the following findings:

¿

The¿court determines¿that¿the minor¿has a disability that substantially impairs the individual’s¿ability to provide¿for the individual’s own care or custody and constitutes a substantial handicap; (Prob. Code 3604 (b)(1));

¿

The¿court determines¿that the¿minor¿is likely to have special needs that will not be met without the trust; (Prob. Code 3604 (b)(2));

¿

The¿court determines¿that money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the¿minor;¿(Prob. Code 3604 (b)(3));

Notice

Per Probate Code § 3602(f), notice of the time and place of hearing, and a copy of the petition, shall be delivered to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.  

Although notice was filed, there is no proof of service attached or a copy of the minute order referred to in the notice. indicates notice was timely served, this matter is ready to be heard and counsel may submit a copy of the notice after the hearing along with the revised proposed Order.  If notice has not been given, the Court shall continue the hearing so that proper notice may be given and a revised proposed order can be filed.

Once proper notice is given, the Court will order Petitioner to open a separate proceeding for the Trust by filing a certified copy of the settlement order establishing the Trust with the Probate Court (LASC Rule 4.115(e)(1).) Petitioner will also be ordered to submit a Notice of Commencement of Proceedings of Court Created Trust on LASC Form PRO 044 and the Court will set an OSC re filing of a bond and a Notice of Commencement of Trust Action.  If proof of bond and commencement of a separate probate court action are submitted before the OSC, no appearance will be required. 

Petitioner and Claimant must appear at the June 30, 2020 hearing, unless the Court finds good cause to excuse their appearance. -19 pandemic, the Court finds that neither Petitioner nor Claimant need to appear.  

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 30th day of June 2020

Hon. Edward B. Moreton

Judge of the Superior Court

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.

SNT

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.

Joinder Agreement

The Intake & Remainder Beneficiary Designation is incomplete in Schedule C. (See Petition at p. 140.) The completed form must be filed.

Notice

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.

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