Judge: David B. Gelfound, Case: 23CHCV00256, Date: 2025-04-23 Tentative Ruling
Case Number: 23CHCV00256 Hearing Date: April 23, 2025 Dept: F49
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Dept.
F49 |
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Date:
4/23/25 |
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Case
Name: Ivan Domingo, by and through his Guardian ad Litem, Norbel Domingo
v. Los Angeles Unified School District, Quenten Daniels, and Does 1 through 50 |
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Case No.
23CHCV00256 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
APRIL 23, 2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR PERSON WITH A DISABILITY
Los Angeles Superior Court Case No. 23CHCV00256
Petition filed: 3/13/25
MOVING PARTY: Plaintiff and Petitioner Ivan Domingo by and through his
Guardian ad Litem Norbel Domingo
RESPONDING PARTY: None.
NOTICE: OK.
RELIEF REQUESTED: Petitioner Dora L. Camacho seeks the Court’s approval of
the settlement that Ivan Domingo, a person with a disability, reached with
Defendants.
TENTATIVE RULING: The petition is GRANTED.
BACKGROUND
This action arises from personal
injuries sustained by Plaintiff Ivan Domingo (“Ivan”), a person with a disability,
while attending a special education program within the Defendant Los Angeles
Unified School District (“LAUSD”). Plaintiff Ivan, by and through his Guardian
ad Litem (GAL), Norbel Domingo (“Norbel”) (collectively, “Plaintiffs”), allege
that on April 5, 2022, Defendant teacher Quenten Daniels (“Daniels”) committed
a battery against Ivan, causing injuries.
On January 30, 2023, Plaintiffs
filed a Complaint against Defendants LAUSD and Daniels (collectively, “Defendants”) and Does 1 through 50, alleging
the following nine causes of action: (1) violation of the Ralph Civil Rights
Act (Code Civ. Proc., §
51.7), 2) violation of the Bane Act (Code Civ. Proc., § 52.1), (3) battery, (4) assault, (5)
negligent supervision, (6) negligent hiring and retention, (7) negligent
failure to recognize and report child abuse, (8) intentional infliction of
emotional distress, and (9) unfair business practices (Bus. & Prof. Code, § 17200 et seq.)
Subsequently, Defendants LAUSD and Daniels filed their respective Answers to
the Complaint on April 5 and May 19, 2023.
On January 31, 2023, the Court
granted Plaintiffs’ application for the appointment of GAL, appointing Norbel as
the GAL for Ivan.
On March 13,
2025, Plaintiffs filed the instant Petition for Approval of Compromise for
Person with a Disability (the “Petition”).
No Opposition
or Reply papers have been received by the Court.
ANALYSIS
A.
Petition for
Approval of Compromise for Person with a Disability
|
Rule/Requirement/Component |
Application |
Comments |
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Claimant (with a disability) |
Ivan Domingo |
DOB: 8/20/04, age: 20 |
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Guardian ad litem |
Norbel Domingo |
Parent |
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Settlement (Total) |
$99,000.00 (MC-350 ¶ 10a) |
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Injuries |
“A punch to the chest resulting in redness and pain as
well as emotional distress.” (MC-350 ¶ 6) |
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Medical treatment received? |
No. “Medical treatment was not required…” (MC-350 ¶ 7,
Attach. 7.) |
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Completely healed of injuries? |
Yes (MC-350 ¶ 8a) |
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Medical Expenses Incurred (Total) |
$0.00 (MC-350 ¶ 12a(1)) |
No medical
expenses incurred |
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Medical Bills (Documentation) |
N/A. (MC-350,
Attach. 7 not applicable.) |
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Outstanding medical payments owed from proceeds |
N/A (MC-350 ¶ 12a(4)) |
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Provider Liens (Documentation) |
N/A (MC-350
Attach. 12b(4)(c)) |
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Negotiated Lien Reductions? |
N/A (MC-350 ¶ 12a(3)) |
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Documentation of lien reductions |
N/A (MC-350 ¶ 12b(5)) |
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Attorney Fees |
$33,000.00 (33-1/3% of $99,000.00) (MC-350 ¶ 13a) |
The Court finds the amount for attorney’s fees is reasonable. |
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Declaration of fees and copy of retainer (Cal. Rules
Court, rule 7.955(b).) |
Yes. (MC-350 Attach.
“A.”) |
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Litigation Costs |
$583.81 (MC-350 ¶ 13b) |
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Are the costs itemized and reasonable? |
Yes. (MC-350 ¶ 13b) . |
The Court finds
the claimed costs to be reasonable. |
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Total to be paid to claimant |
$65,416.19 (MC-350 ¶ 15) |
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Blocked account? |
No. (MC-351 ¶ 9a & c(2)) |
To be paid into
a pooled special needs trust administered by Secured Futures Inc. Check will be
made payable to “FOB Ivan Domingo” First National
Bank 4140 E State
St. Hermitage, PA
16148 |
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Proposed order to approve compromise is congruent with
Petition? |
Yes |
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Proposed order to deposit funds is congruent with
Petition? |
Yes |
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Disposition |
GRANT |
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Accordingly, the Court GRANTS the
Petition.
CONCLUSION
Petitioner Ivan Domingo by and through his Guardian ad Litem Norbel
Domingo’s Petition for Approval of Compromise
of Claim for Person with a Disability is GRANTED.
Moving party to give notice.