Judge: David B. Gelfound, Case: 24CHCV04524, Date: 2025-04-09 Tentative Ruling
Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assistant in North Valley Department F49, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2249. Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org.
All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).
Case Number: 24CHCV04524 Hearing Date: April 9, 2025 Dept: F49
|
Dept.
F49 |
|
Date:
4/9/25 |
|
Case
Name: Dora L. Camacho, Isabella J. Santana, Jayden J. Santana, and George
J. Santana Camacho v. Gloria Escobar, Edgar M. Escobar, and Does 1 to 5 |
|
Case No.
24CHCV04524 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
APRIL 9, 2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR MINOR [5139]
Los Angeles Superior Court Case No. 24CHCV04524
Petition filed: 1/23/25 (Amendment filed on 3/24/25)
MOVING PARTY: Plaintiff and Petitioner Dora L. Camacho
RESPONDING PARTY: None.
NOTICE: OK.
RELIEF REQUESTED: Petitioner Dora L. Camacho seeks the Court’s approval of
the settlement that her minor child, Plaintiff and claimant, Jayden J. Santana
Camacho, reached with Defendants.
TENTATIVE RULING: The petition is GRANTED.
BACKGROUND
This action arises from personal
injuries allegedly sustained by Plaintiffs Dora L. Camacho, Isabella J. Santana, Jayden J. Santana, and
George J. Santana Camacho (collectively, “Plaintiffs”) from a
motor vehicle collision that occurred on June 20, 2023.
On December 6, 2024, Plaintiffs filed
a Complaint against Defendants Gloria Escobar, Edgar M. Escobar (collectively,
“Defendant”) and Does 1 to 5, alleging two causes of action: (1) Motor Vehicle,
and (2) General Negligence.
On January
23, 2025, Plaintiff Dora L. Camacho (“Dora” or
“Petitioner”) filed the instant Petition for Approval of Minor’s
Compromise, followed by the amended petition filed on March 24, 2025 (the
“Petition”), as to minor Plaintiff and Claimant Jayden J. Santana Camacho (“Jayden”
or “Claimant”).
No Opposition
or Reply papers have been received by the Court.
ANALYSIS
A.
Petition to
Approval of Minor’s Compromise
|
Rule/Requirement/Component |
Application |
Comments |
|
Claimant (minor) |
Jayden J. Santana Camacho |
DOB:1/23/14, age: 10 |
|
Guardian ad litem |
Dora L. Camacho Santana |
Parent |
|
Settlement (Total) |
$100,000.00 (MC-350 ¶ 10a) |
$100,000 for all Plaintiffs, $2,500.00 for Claimant |
|
Injuries |
“General Discomfort” (MC-350 ¶
6) |
|
|
Medical treatment received? |
Emergency room examination (MC-350 ¶ 7, Attach. 7.) |
|
|
Completely healed of injuries? |
Yes (MC-350 ¶ 8a) |
|
|
Medical Expenses Incurred (Total) |
$0.00 (MC-350 ¶ 12a(1)) |
No medical
expenses incurred |
|
Medical Bills (Documentation) |
N/A. (MC-350,
Attach. 7 not applicable.) |
|
|
Outstanding medical payments owed from proceeds |
N/A (MC-350 ¶ 12a(4)) |
|
|
Provider Liens (Documentation) |
N/A (MC-350
Attach. 12b(4)(c)) |
|
|
Negotiated Lien Reductions? |
N/A (MC-350 ¶ 12a(3)) |
|
|
Documentation of lien reductions |
N/A (MC-350 ¶ 12b(5) |
|
|
Attorney Fees |
$625.00 (25% of $2,500.00) (MC-350 ¶ 13a) |
The Court finds the amount for attorney’s fees is reasonable. |
|
Declaration of fees and copy of retainer (Cal. Rules
Court, rule 7.955(b).) |
Yes. (Anyia Decl. ¶¶ 2-8.) (MC-350 Attach.
13(a)) |
25% of claimant’s recovery. Copy of Retainer is included. (MC-350 Attach. 17(a)) |
|
Litigation Costs |
$553.75 (MC-350 ¶ 13b) |
|
|
Are the costs itemized and reasonable? |
No. (MC-350 ¶ 13b) The request for costs is DENIED. |
The costs were
claimed by Plaintiffs’ prior counsel (The Wilshire Law Firm, PLC) (Anyia
Decl. ¶ 4.) The Claimant has no medical bills. (Id. ¶ 3.) Despite requests
from the current counsel for supporting invoices, The Wilshire Law Firm, PLC
has failed to provide them. (Ibid.) Accordingly, the Court finds the claimed
costs unsubstantiated and unreasonable. |
|
Total to be paid to minor |
(MC-350 ¶ 15) The Court adjusts the total
amount to $1,825.00. |
Since the Court
denies the claimed costs, the total amount to be paid to Claimant is adjusted
to $ 1,825.00. |
|
Blocked account? |
No. (MC-351 ¶ 9a & c(2)) |
By check
payable to Petitioner Dora L. Camacho Santana in the amount of $1,825.00.
(MC-351 ¶ 8b(2).) |
|
Proposed order to approve compromise is congruent with
Petition? |
Yes |
|
|
Proposed order to deposit funds is congruent with
Petition? |
Yes |
|
|
Disposition |
GRANT |
|
Upon reviewing the Petition, the
Court finds that the Petition filed on March 24, 2025, has addressed the issued
identified by the Court regarding the previous submission.
Accordingly, the Court GRANTS the
Petition.
CONCLUSION
Petitioner
Dora L. Camacho’s Petition for Approval of Compromise of Claim for Minor Jayden J. Santana Camacho is GRANTED.
Moving
party to give notice.
|
Dept.
F49 |
|
Date:
4/9/25 |
|
Case
Name: Dora L. Camacho, Isabella J. Santana, Jayden J. Santana, and George
J. Santana Camacho v. Gloria Escobar, Edgar M. Escobar, and Does 1 to 5 |
|
Case No.
24CHCV04524 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
APRIL 9, 2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR MINOR [7835]
Los Angeles Superior Court Case No. 24CHCV04524
Petition filed: 1/23/25 (Amendment filed on 3/24/25)
MOVING PARTY: Plaintiff and Petitioner Dora L. Camacho
RESPONDING PARTY: None.
NOTICE: OK.
RELIEF REQUESTED: Petitioner Dora L. Camacho seeks the Court’s approval of
the settlement that her minor child, Plaintiff and claimant, Isabella J.
Santana, reached with Defendants.
TENTATIVE RULING: The petition is GRANTED.
BACKGROUND
This action arises from personal
injuries allegedly sustained by Plaintiffs Dora L. Camacho, Isabella J. Santana, Jayden J. Santana, and
George J. Santana Camacho (collectively, “Plaintiffs”) from a
motor vehicle collision that occurred on June 20, 2023.
On December 6, 2024, Plaintiffs filed
a Complaint against Defendants Gloria Escobar, Edgar M. Escobar (collectively,
“Defendant”) and Does 1 to 5, alleging two causes of action: (1) Motor Vehicle,
and (2) General Negligence.
On January
23, 2025, Plaintiff Dora L. Camacho (“Dora” or
“Petitioner”) filed the instant Petition for Approval of Minor’s
Compromise, followed by the amended petition filed on March 24, 2025 (the
“Petition”), as to minor Plaintiff and Claimant Isabella J. Santana (“Isabella”
or “Claimant”).
No Opposition
or Reply papers have been received by the Court.
ANALYSIS
A.
Petition to
Approval of Minor’s Compromise
|
Rule/Requirement/Component |
Application |
Comments |
|
Claimant (minor) |
Isabella J. Santana Camacho |
DOB:10/19/15, age: 9 |
|
Guardian ad litem |
Dora L. Camacho Santana |
Parent |
|
Settlement (Total) |
$100,000.00 (MC-350 ¶ 10a) |
$100,000 for all Plaintiffs, $2,500.00 for Claimant |
|
Injuries |
“General Discomfort” (MC-350 ¶
6) |
|
|
Medical treatment received? |
Emergency room examination (MC-350 ¶ 7, Attach. 7.) |
|
|
Completely healed of injuries? |
Yes (MC-350 ¶ 8a) |
|
|
Medical Expenses Incurred (Total) |
$0.00 (MC-350 ¶ 12a(1)) |
No medical
expenses incurred |
|
Medical Bills (Documentation) |
N/A. (MC-350,
Attach. 7 not applicable.) |
|
|
Outstanding medical payments owed from proceeds |
N/A (MC-350 ¶ 12a(4)) |
|
|
Provider Liens (Documentation) |
N/A (MC-350
Attach. 12b(4)(c)) |
|
|
Negotiated Lien Reductions? |
N/A (MC-350 ¶ 12a(3)) |
|
|
Documentation of lien reductions |
N/A (MC-350 ¶ 12b(5) |
|
|
Attorney Fees |
$625.00 (25% of $2,500.00) (MC-350 ¶ 13a) |
The Court finds the amount for attorney’s fees is reasonable. |
|
Declaration of fees and copy of retainer (Cal. Rules
Court, rule 7.955(b).) |
Yes. (Anyia Decl. ¶¶ 2-8.) (MC-350 Attach.
13(a)) |
25% of claimant’s recovery. Copy of Retainer is included. (MC-350 Attach. 17(a)) |
|
Litigation Costs |
$891.57 (MC-350 ¶ 13b) |
|
|
Are the costs itemized and reasonable? |
No. (MC-350 ¶ 13b) The request for costs is DENIED. |
The costs were
claimed by Plaintiffs’ prior counsel (The Wilshire Law Firm, PLC) (Anyia
Decl. ¶ 4.) The Claimant has no medical bills. (Id. ¶ 3.) Despite requests
from the current counsel for supporting invoices, The Wilshire Law Firm, PLC
has failed to provide them. (Ibid.) Accordingly, the Court finds the claimed
costs unsubstantiated and unreasonable. |
|
Total to be paid to minor |
(MC-350 ¶ 15) The Court adjusts the total
amount to $1,825.00. |
Since the Court
denies the claimed costs, the total amount to be paid to Claimant is adjusted
to $ 1,825.00. |
|
Blocked account? |
No. (MC-351 ¶ 9a & c(2)) |
By check
payable to Petitioner Dora L. Camacho Santana in the amount of $1,825.00.
(MC-351 ¶ 8b(2).) |
|
Proposed order to approve compromise is congruent with
Petition? |
Yes |
|
|
Proposed order to deposit funds is congruent with
Petition? |
Yes |
|
|
Disposition |
GRANT |
|
Upon reviewing the Petition, the
Court finds that the Petition filed on March 24, 2025, has addressed the issued
identified by the Court regarding the previous submission.
Accordingly, the Court GRANTS the
Petition.
CONCLUSION
Petitioner
Dora L. Camacho’s Petition for Approval of Compromise of Claim for Minor Isabella J. Santana Camacho is GRANTED.
Moving
party to give notice.
|
Dept.
F49 |
|
Date:
4/9/25 |
|
Case
Name: Dora L. Camacho, Isabella J. Santana, Jayden J. Santana, and George
J. Santana Camacho v. Gloria Escobar, Edgar M. Escobar, and Does 1 to 5 |
|
Case No.
24CHCV04524 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
APRIL 9, 2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR MINOR [3268]
Los Angeles Superior Court Case No. 24CHCV04524
Petition filed: 1/23/25 (Amendment filed on 3/21/25)
MOVING PARTY: Plaintiff and Petitioner Dora L. Camacho
RESPONDING PARTY: None.
NOTICE: OK.
RELIEF REQUESTED: Petitioner Dora L. Camacho seeks the Court’s approval of
the settlement that her minor child, Plaintiff and claimant, George J. Santana
Camacho, reached with Defendants.
TENTATIVE RULING: The petition is GRANTED.
BACKGROUND
This action arises from personal
injuries allegedly sustained by Plaintiffs Dora L. Camacho, Isabella J. Santana, Jayden J. Santana, and
George J. Santana Camacho (collectively, “Plaintiffs”) from a
motor vehicle collision that occurred on June 20, 2023.
On December 6, 2024, Plaintiffs filed
a Complaint against Defendants Gloria Escobar, Edgar M. Escobar (collectively,
“Defendant”) and Does 1 to 5, alleging two causes of action: (1) Motor Vehicle,
and (2) General Negligence.
On January
23, 2025, Plaintiff Dora L. Camacho (“Dora” or
“Petitioner”) filed the instant Petition for Approval of Minor’s
Compromise, followed by the amended petition filed on March 21, 2025 (the
“Petition”), as to minor Plaintiff and Claimant George J. Santana (“George” or
“Claimant”).
No Opposition
or Reply papers have been received by the Court.
ANALYSIS
A.
Petition to
Approval of Minor’s Compromise
|
Rule/Requirement/Component |
Application |
Comments |
|
Claimant (minor) |
George J. Santana Camacho |
DOB:10/29/21, age: 3 |
|
Guardian ad litem |
Dora L. Camacho Santana |
Parent |
|
Settlement (Total) |
$100,000.00 (MC-350 ¶ 10a) |
$100,000 for all Plaintiffs, $2,500.00 for Claimant |
|
Injuries |
“General Discomfort” (MC-350 ¶
6) |
|
|
Medical treatment received? |
Emergency room examination (MC-350 ¶ 7, Attach. 7.) |
|
|
Completely healed of injuries? |
Yes (MC-350 ¶ 8a) |
|
|
Medical Expenses Incurred (Total) |
$0.00 (MC-350 ¶ 12a(1)) |
No medical
expenses incurred |
|
Medical Bills (Documentation) |
N/A. (MC-350,
Attach. 7 not applicable.) |
|
|
Outstanding medical payments owed from proceeds |
N/A (MC-350 ¶ 12a(4)) |
|
|
Provider Liens (Documentation) |
N/A (MC-350
Attach. 12b(4)(c)) |
|
|
Negotiated Lien Reductions? |
N/A (MC-350 ¶ 12a(3)) |
|
|
Documentation of lien reductions |
N/A (MC-350 ¶ 12b(5) |
|
|
Attorney Fees |
$625.00 (25% of $2,500.00) (MC-350 ¶ 13a) |
The Court finds the amount for attorney’s fees is reasonable. |
|
Declaration of fees and copy of retainer (Cal. Rules
Court, rule 7.955(b).) |
Yes. (Anyia Decl. ¶¶ 2-8.) (MC-350 Attach.
13(a)) |
25% of claimant’s recovery. Copy of Retainer is included. (MC-350 Attach. 17(a)) |
|
Litigation Costs |
$603.53 (MC-350 ¶ 13b) |
|
|
Are the costs itemized and reasonable? |
No. (MC-350 ¶ 13b) The request for costs is DENIED. |
The costs were
claimed by Plaintiffs’ prior counsel (The Wilshire Law Firm, PLC) (Anyia
Decl. ¶ 4.) The Claimant has no medical bills. (Id. ¶ 3.) Despite requests
from the current counsel for supporting invoices, The Wilshire Law Firm, PLC
has failed to provide them. (Ibid.) Accordingly, the Court finds the claimed
costs unsubstantiated and unreasonable. |
|
Total to be paid to minor |
$1,321.25 (MC-350 ¶ 15) The Court adjusts the total
amount to $1,825.00. |
Since the Court
denies the claimed costs, the total amount to be paid to Claimant is adjusted
to $ 1,825.00. |
|
Blocked account? |
No. (MC-351 ¶ 9a & c(2)) |
By check
payable to Petitioner Dora L. Camacho Santana in the amount of $1,825.00.
(MC-351 ¶ 8b(2).) |
|
Proposed order to approve compromise is congruent with
Petition? |
Yes |
|
|
Proposed order to deposit funds is congruent with
Petition? |
Yes |
|
|
Disposition |
GRANT |
|
Upon reviewing the Petition, the
Court finds that the Petition filed on March 21, 2025, has addressed the issued
identified by the Court regarding the previous submission.
Accordingly, the Court GRANTS the
Petition.
CONCLUSION
Petitioner
Dora L. Camacho’s Petition for Approval of Compromise of Claim for Minor George J. Santana Camacho is
GRANTED.
Moving
party to give notice.