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  • MARIA  ESPARZA-ROBLES  VS HALLEY  SHEA  RICHARDSON Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction) document preview
  • MARIA  ESPARZA-ROBLES  VS HALLEY  SHEA  RICHARDSON Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction) document preview
						
                                

Preview

MC-350EX ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Richard A. Harting sbn 149991 FIRM NAME: Harting, Simkins & Ryan, Llp STREET ADDRESS: 3711 Long Beach Boulevard, Suite 600 CITY: Long Beach STATE: CA ZIP CODE: 90807 TELEPHONE NO.: 562-981-1010 FAX NO.: 562-981-0101 EMAIL ADDRESS: rich@hsrlegal.com ATTORNEY FOR (Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 312 N. Spring Street MAILING ADDRESS: 312 N. Spring Street CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Spring Street Courthouse CASE NAME: CASE NUMBER: Esparza-Robles v. Richardson 19STCV40460 PETITION FOR EXPEDITED APPROVAL OF COMPROMISE OF ‰X No hearing date is requested. CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF ‰HEARING DATE: JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY DEPT.: TIME: NOTICE TO PETITIONER You must use this form to request expedited court approval of a qualifying (1) compromise of a minor's disputed claim, (2) compromise of a pending action or proceeding in which a minor or a person with a disability (including a conservatee) is a party, or (3) disposition of the proceeds of a judgment for a minor or person with a disability. (See Code Civ. Proc., § 372; Prob. Code, §§ 3500, 3600–3613.) You may request expedited approval only if (1) you are represented by an attorney; (2) the statements in items 3a, 3b, 3c, 3d, 3e, 3f, and either 3g(1) or 3g(2), below, are true and accurate; and (3) the court does not otherwise order. If your compromise or judgment qualifies and you choose to use this form, the court may consider and act on your petition without a hearing. If your compromise or judgment qualifies for expedited consideration but you choose not to use this form or your compromise or judgment does not qualify for expedited consideration, you must use Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350), and the court will schedule a hearing. 1. Petitioner (name or pseudonym*): Angel Flores is the (check all boxes that apply): ‰ X Parent ‰ X Guardian ad litem* ‰ Guardian ‰ Conservator ‰ Other (specify relationship): of the claimant identified in item 2. (*Petitioner may appear under a pseudonym only if appointed as guardian ad litem under that pseudonym. (See Code Civ. Proc., § 372.5.)) 2. Claimant (name): Camille Flores a. Address: 1706 N. Slater Ave., Compton, CA 90222 b. Date of birth: March, 08, 2005 c. Age: 16 d. ‰ X Minor or ‰ Person with a disability (If the claimant is an adult with a disability who (1) has capacity to consent to the order requested and (2) does not have a conservator of the estate, check e. and f. and ensure that the claimant personally reads and signs item 21. (Prob. Code, § 3613.)) e. ‰ Has the capacity, within the meaning of Probate Code section 812, to consent to the requested order. f. ‰ Does not have a conservator of the estate. 3. Qualification for Expedited Approval a. The claimant's claim or action is not for damages for the death of a person caused by the wrongful act or neglect of another. b. No portion of the net proceeds of the judgment or settlement in favor of the claimant is to be placed in a trust. c. There are no unresolved disputes concerning liens to be satisfied from the proceeds of the judgment or settlement. d. Petitioner's attorney did not become involved with this matter, directly or indirectly, at the request of a party against whom the claim is asserted or a party's insurance carrier. e. Petitioner's attorney is not representing, employed by, or associated with a defendant in this matter or an insurance carrier. f. All defendants that have appeared in a pending action on the claim are participating in the proposed compromise or the court has made a final determination that all settling parties entered into the settlement in good faith. g. (1) ‰X The judgment described in item 4c (exclusive of interest and costs) or the total settlement described in items 11 and 12 payable to the claimant and all other persons named in item 12 is in the amount of $50,000 or less; or (2) ‰ The settlement described in item 11 represents payment of the single-person policy limits of all liability insurance policies covering the defendants named in that item. The investigation described in Attachment 3 shows that all of those defendants are judgment-proof outside of their insurance coverage. (Describe investigation and results in Attachment 3.) Page 1 of 7 Form Adopted for Alternative Mandatory Use PETITION FOR EXPEDITED APPROVAL OF COMPROMISE OF Code of Civil Procedure, § 372; Instead of Form MC-350 Probate Code, §§ 3500, 3600–3613; Judicial Council of California CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF Cal. Rules of Court, rules 3.1384, MC-350EX [Rev. January 1, 2021] 7.101, 7.950, 7.950.5, 7.951 JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY www.courts.ca.gov Cf B"I Essential ceb.com ,0 Forms·