Preview
MC—351
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, Slate Bar numbet, and address): FOR COURT USE ONL Y
Richard C. Watters, Esq. SBN: 060162
—MILES SEARS & EANNI
2844 Fresno Street
Fresno, California 93721
TELEPHONE No :(559)486-5200 486-5240
FAX No (OpIione0.(559)
ADDRESS
E-MAIL rcwatters@mse—law.com
(Optional)
AWORNEV FOR BROOKE RICHARDSON; ET AL.
(~ame).-Plaintiffs,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS:
1130 O Street
MAILING ADDRESS:
1 130 O Street
cm AND ZIP CODEFresno, California 9372 1-2220
BRANCH NAME B,F. Sisk Courthouse RECEIVED
11/6/2020 2:04 PM
CASE NAME: RICHARDSON v.JCT TRUCKING, INC.; ET AL.
FRESNO COUNTY SUPERIOR COURT
By: A. Ramos, Deputy
ORDER APPROVING: CASE NUMBER:
COMPROMISE OF DISPUTED CLAIM 20CECG00127
E
|:|
COMPROMISE OF PENDING ACTION
DISPOSITION OF PROCEEDS OF JUDGMENT HEAR'NG DATE‘FANY: DEPT
Minor D Person With a Disability
November 18’ 2020 50]
Petitioner (name).'Brooke Richardson has petitionedfor courtapproval of a
proposed compromise of a disputed claim of aminor or a pending action involving a minor or aperson with a disability or a
proposed disposition of the proceeds of a judgment for aminor or a person with a disability‘
Heafing
a
b.
E No hearing was
DatezNovembcr
held.
18,
The
2020
an expedited
petition is
Time:3:30 pm,
under rule 7.950‘5 ofthe California Rules of Court
petition
Dept: 501
c Judicial officer:
Relationship to claimant
Petitionerhas the following relationship or relationships
to claimant (check all applicable boxes):
a.
b. m
E
Parent
Guardian adlitem
c.
d. E
E
Guardian
Conservator
e.
f.
E Claimant,
Other
an adult person with a disability,
(specify).-
Claimant (name): Daniel Richardson
is the petitioner,
a.
b. E is
is
a minor.
a "person with a disability" within the
E An
meaning of Probate Code section 3603 who is:
(1)
(a) D
adult.Claimant's date of binh
\Mthout a conservator‘
is(specify):
Claimant has capacity toconsentto meaning
this order, within the of
(b) E Probate Code section 812, and has consented to
A conservatee; a person for whom
this order.
a conservator may be appointed; or without capacity to
Defendant
(2) E A
consent
minor described in
meaning of Probate Code section 8124
to this order, within the
Probate Code section 3603(b)(3).
The claim or actionto be compromised is asserted, or the judgment isentered, against (name of settling orjudgmen! defendant or
defendants (the JCT
”payer")}: Trucking, Inc.
Page1 0f4
ORDER APPROVING COMPROMISE 0F DISPUTED
Fogfdfiggpggjgtg,gggfigynigw CLAIM 0R PENDING Csfszif‘rffidiffiégéfifiifi
moan mam 2mm
[Rev ACTION 0R DISPOSITION 0F PROCEEDS 0F JUDGMENT FOR Cal
Rulesavenuqukrywregagglgggcgggg
MINOR 0R PERSON WITH A DISABILITY Wallawooca-Femauimu-
(Miscellaneous)
MC—351
CASE NUMBER
CASE NAME: RICHARDSON v.JCT TRUCKING, INC; ET AL.
20CECG00127
6. THE COURT FINDS that allnotices required by law have been given
7. THE COURT ORDERS
a‘ The granted and the proposed compromise of claim or action or the proposed disposition of the
petition is -roceeds of the
b E
judgment isapproved.
Until further
The gross amount or value of the settlement or judgment
order of the court, jurisdiction
Welfare and Institutions Code section
is
1412476. The amount shown payable
infavor of claimant
to the Department
is$
reserved to determine a claim for a reduction of a Medi-Callien
of Health
under
Care Services
in item 7c(1)(d) of this order
isthe amount
full of the lien claimed by thedepartment but issubject to reduction on further
order of the court upon determination of the claim for reduction.
c. The payer shall disbursethe proceeds ofthe settlement or judgment approved by this order in the following manner:
(1) Payment of fees and expenses
E
Fees and expenses shall be paid by one or more checks or drafts,drawn payable and the
to the order of the petitioner
petitioner's attorney,
if payment identified
any, or directly to third parties entitled to receive in thisorder forthe following
items of expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement or judgment:
E
Z
(a) Attorney's fees inthe totalamount of:$ 37,500,00 payable to (specify): Trust Account of
MILES, SEARS & EANNI, A Corporation
I’I‘ufcssiunal
(b) D Reimbursement for medical and allother expenses paid by the petitioner or the
amount
petitioner's attorney in the total $
E
of:
(c) Medical. hospital,ambulance, expenses payable
nursing. and other like directly to
providers as follows.inthe totalamount of: $
(i) Payee (name):
(A) Address:
(B) Amount:$
(ii)Payee (name):
(A) Address:
Amount: $
E (B)
Continued on Attachment 7c(1)(c). (Provide information about additional payees in the above format
D
)
(d) Other authorized disbursements payable amount
directly to third parties in the total of: $
(Describe and state theamount of each item and provide the name and address of each payee):
Items Amounts Payees (names! Addresses
E Continued on Attachment 7c(1 )(d)‘
37,500.00
(e) Total allowance for feesand expenses from the settlement orjudgment: $
M0351 [RevJawa’y‘v 2°10]
ORDER APPROVING COMPROMISE OF DISPUTED CLAIM 0R PENDING ”992°”
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC—351
CASE NAME: RICHARDSON v.JCT TRUCKING, INC.; ET AL. CASE NUMBER”
— 20CECG00127
7. THE COURT ORDERS (cont)
c‘ The payer shalldisburse the proceeds of the settlement orjudgment approved by this order inthe following manner
(2) Balance
The balance judgment available
of the settlement or for claimant afterpayment ofallallowed
fees and expenses is:
$ 112,500.00
The balance be disbursed as follows:
m
shall
(a) By one or more checks or drafts in the total amount of (specify):$ 112,500.00
Each such check
drawn payable to the order ofthe petitioner as trustee for the claimant. or draftmust bear an
endorsement on the face or reverse that is for
it deposit inone or more interestbearing, federally insured
accounts in thename as trustee
of the petitioner for the claimant,and no withdrawals may be made from the
accounts except as provided inthe Orderto Deposit Money IntoBlocked Account (form MC—355), which is
signed contemporaneously with order ("blocked account”).
(b) D this
By the following method(s) (describe each method, including the amount to be disbursed ):
E Continued on Attachment 7c(2)(b).
(c) E Ifmoney isto
of the state
be paid
Department
to a special
of Health
needs trust under Probate Code section 3604, all statutory liens in favor
Care Services, the state Department of Mental Health, the state
Department of Developmental Services, and any city and county in California mustfirst be satisfied by the
followingmethod (specify):
E Continued on Attachment
E
7c(2)(c).
8. Further orders of the court concerning blocked accounts
The court makes the following additional orders concerning any pan of the balance ordered to be deposited ina blocked
account under item 7c(2)(a):
a‘ VWthin 48 hours of receipt of a check ordraftdescribed in and the
item 7c(2)(a), the petitioner petitioner's attorney,
if
any, must deposit the check or name as
draft in the petitioner's trustee forthe claimant in one or more blocked accounts
name, branch,
at (specify and address of each depository, and the amount of each account):
D Continued on Attachment 8a
”953°“
M0351 [RevJanuavw-Zowl ORDER APPROVING COMPROMISE 0F DISPUTED CLAIM 0R PENDING
ACTION 0R DISPOSITION 0F PROCEEDS 0F JUDGMENT FOR
MINOR 0R PERSON WITH A DISABILITY
(Miscellaneous)
MC—351
CASE NAME: RICHARDSON v. JCT TRUCKING, INC; ET AL. CASE NUMBER
# 20CECG()0127
8 Further orders of the court concerning blocked accounts
The court makes the following additional orders concerning any part of the balance ordered to be depositedin a blocked
account under item 7c(2)(a):
b The petitioner and the petitioner's attorney,
ifany, must deliver toeach depository at the time of deposit three copies of
the Order to Deposit Money IntoBlocked Account (form M0355), which issigned contemporaneously with this order,
and three copies of the Receipt and Acknowledgment of Order for theDeposit of Money Into Blocked Account (form
MC-356). The petitioner or thepetitioner'sattorney must file acopy 15 days of the
of the receipt with this court within
deposit The sole responsibilities of the petitioner and the petitioner's attorney,
ifany, are to place the balancein a
blocked account or accounts and to timely filea copy of the receipt.
c. The balance of the proceeds ofthe settlement orjudgment deposited ina blocked account or accounts under item
may be withdrawn only as follows (check (1) or
(1) E
7c(2)(a)
No withdrawals of principal or interest
written order under this
(2)):
may be made from the blocked account
case name and number, signed by a judge,
or accounts without a further
and bearing the seal ofthis court. The
(2) m money on deposit is not subject to escheat.
The blocked account or accounts belong to a minor. The minor was born on (date):March 18, 2003
No withdrawals of principal or interest may be made from the blocked account or accounts without a further
written order under this case name and number, signed by a judicial officer, and bearing the seal of this
court. minor attains the age of 18 years.
until the When the minor attains the age of 18 years, the depository,
without further order of this court,
is authorized and ditected to pay by check or draft directly to the former
minor.upon proper demand, allmoneys The money on deposit
including interest deposited under this order.
isnot subject to escheat.
9 Authorization to execute settlement documents
The execute settlement documents as follows (check only one):
a E
petitioner is authorized to
Upon receipt of the
full amount ofthe settlement sum approved by this order and the deposit of funds, the
and final release and
petitioner is authorized and directed to execute and deliver to the payer a full, complete,
discharge of any and all claims and demands of the claimant by reason ofthe accident or incident described in
the petition and the resultant injuries to the claimant and a properly executed dismissal with prejudice
b, m The petitionerisauthorized and directed to execute any and
the terms of the settlement,
alldocuments reasonably necessary to carry out
c m The petitioner is authorizedand directed (specify):
E Continued on Attachment 9c.
10. Bondis
A copy
E ordered and fixedinthe amountof: $
be served on the payer forthwith
D notrequired.
11,
12. E of this order shall
Additional orders
The court makes the following additionalorders (specify):
Date:
E Continued on Attachment 12,
M0351 [RevJanuarvt 20101ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR
E JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT
PENDING ”“9”“
ACTION 0R DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
Preview
MC—351 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar numbet, and address): FOR COURT USE ONL Y Richard C. Watters, Esq. SBN: 060162 —MILES SEARS & EANNI 2844 Fresno Street Fresno, California 93721 TELEPHONE No :(559)486-5200 486-5240 FAX No (OpIione0.(559) ADDRESS E-MAIL rcwatters@mse—law.com (Optional) AWORNEV FOR BROOKE RICHARDSON; ET AL. (~ame).-Plaintiffs, SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1130 O Street MAILING ADDRESS: 1 130 O Street cm AND ZIP CODEFresno, California 9372 1-2220 BRANCH NAME B,F. Sisk Courthouse RECEIVED 11/6/2020 2:04 PM CASE NAME: RICHARDSON v.JCT TRUCKING, INC.; ET AL. FRESNO COUNTY SUPERIOR COURT By: A. Ramos, Deputy ORDER APPROVING: CASE NUMBER: COMPROMISE OF DISPUTED CLAIM 20CECG00127 E |:| COMPROMISE OF PENDING ACTION DISPOSITION OF PROCEEDS OF JUDGMENT HEAR'NG DATE‘FANY: DEPT Minor D Person With a Disability November 18’ 2020 50] Petitioner (name).'Brooke Richardson has petitionedfor courtapproval of a proposed compromise of a disputed claim of aminor or a pending action involving a minor or aperson with a disability or a proposed disposition of the proceeds of a judgment for aminor or a person with a disability‘ Heafing a b. E No hearing was DatezNovembcr held. 18, The 2020 an expedited petition is Time:3:30 pm, under rule 7.950‘5 ofthe California Rules of Court petition Dept: 501 c Judicial officer: Relationship to claimant Petitionerhas the following relationship or relationships to claimant (check all applicable boxes): a. b. m E Parent Guardian adlitem c. d. E E Guardian Conservator e. f. E Claimant, Other an adult person with a disability, (specify).- Claimant (name): Daniel Richardson is the petitioner, a. b. E is is a minor. a "person with a disability" within the E An meaning of Probate Code section 3603 who is: (1) (a) D adult.Claimant's date of binh \Mthout a conservator‘ is(specify): Claimant has capacity toconsentto meaning this order, within the of (b) E Probate Code section 812, and has consented to A conservatee; a person for whom this order. a conservator may be appointed; or without capacity to Defendant (2) E A consent minor described in meaning of Probate Code section 8124 to this order, within the Probate Code section 3603(b)(3). The claim or actionto be compromised is asserted, or the judgment isentered, against (name of settling orjudgmen! defendant or defendants (the JCT ”payer")}: Trucking, Inc. Page1 0f4 ORDER APPROVING COMPROMISE 0F DISPUTED Fogfdfiggpggjgtg,gggfigynigw CLAIM 0R PENDING Csfszif‘rffidiffiégéfifiifi moan mam 2mm [Rev ACTION 0R DISPOSITION 0F PROCEEDS 0F JUDGMENT FOR Cal Rulesavenuqukrywregagglgggcgggg MINOR 0R PERSON WITH A DISABILITY Wallawooca-Femauimu- (Miscellaneous) MC—351 CASE NUMBER CASE NAME: RICHARDSON v.JCT TRUCKING, INC; ET AL. 20CECG00127 6. THE COURT FINDS that allnotices required by law have been given 7. THE COURT ORDERS a‘ The granted and the proposed compromise of claim or action or the proposed disposition of the petition is -roceeds of the b E judgment isapproved. Until further The gross amount or value of the settlement or judgment order of the court, jurisdiction Welfare and Institutions Code section is 1412476. The amount shown payable infavor of claimant to the Department is$ reserved to determine a claim for a reduction of a Medi-Callien of Health under Care Services in item 7c(1)(d) of this order isthe amount full of the lien claimed by thedepartment but issubject to reduction on further order of the court upon determination of the claim for reduction. c. The payer shall disbursethe proceeds ofthe settlement or judgment approved by this order in the following manner: (1) Payment of fees and expenses E Fees and expenses shall be paid by one or more checks or drafts,drawn payable and the to the order of the petitioner petitioner's attorney, if payment identified any, or directly to third parties entitled to receive in thisorder forthe following items of expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement or judgment: E Z (a) Attorney's fees inthe totalamount of:$ 37,500,00 payable to (specify): Trust Account of MILES, SEARS & EANNI, A Corporation I’I‘ufcssiunal (b) D Reimbursement for medical and allother expenses paid by the petitioner or the amount petitioner's attorney in the total $ E of: (c) Medical. hospital,ambulance, expenses payable nursing. and other like directly to providers as follows.inthe totalamount of: $ (i) Payee (name): (A) Address: (B) Amount:$ (ii)Payee (name): (A) Address: Amount: $ E (B) Continued on Attachment 7c(1)(c). (Provide information about additional payees in the above format D ) (d) Other authorized disbursements payable amount directly to third parties in the total of: $ (Describe and state theamount of each item and provide the name and address of each payee): Items Amounts Payees (names! Addresses E Continued on Attachment 7c(1 )(d)‘ 37,500.00 (e) Total allowance for feesand expenses from the settlement orjudgment: $ M0351 [RevJawa’y‘v 2°10] ORDER APPROVING COMPROMISE OF DISPUTED CLAIM 0R PENDING ”992°” ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC—351 CASE NAME: RICHARDSON v.JCT TRUCKING, INC.; ET AL. CASE NUMBER” — 20CECG00127 7. THE COURT ORDERS (cont) c‘ The payer shalldisburse the proceeds of the settlement orjudgment approved by this order inthe following manner (2) Balance The balance judgment available of the settlement or for claimant afterpayment ofallallowed fees and expenses is: $ 112,500.00 The balance be disbursed as follows: m shall (a) By one or more checks or drafts in the total amount of (specify):$ 112,500.00 Each such check drawn payable to the order ofthe petitioner as trustee for the claimant. or draftmust bear an endorsement on the face or reverse that is for it deposit inone or more interestbearing, federally insured accounts in thename as trustee of the petitioner for the claimant,and no withdrawals may be made from the accounts except as provided inthe Orderto Deposit Money IntoBlocked Account (form MC—355), which is signed contemporaneously with order ("blocked account”). (b) D this By the following method(s) (describe each method, including the amount to be disbursed ): E Continued on Attachment 7c(2)(b). (c) E Ifmoney isto of the state be paid Department to a special of Health needs trust under Probate Code section 3604, all statutory liens in favor Care Services, the state Department of Mental Health, the state Department of Developmental Services, and any city and county in California mustfirst be satisfied by the followingmethod (specify): E Continued on Attachment E 7c(2)(c). 8. Further orders of the court concerning blocked accounts The court makes the following additional orders concerning any pan of the balance ordered to be deposited ina blocked account under item 7c(2)(a): a‘ VWthin 48 hours of receipt of a check ordraftdescribed in and the item 7c(2)(a), the petitioner petitioner's attorney, if any, must deposit the check or name as draft in the petitioner's trustee forthe claimant in one or more blocked accounts name, branch, at (specify and address of each depository, and the amount of each account): D Continued on Attachment 8a ”953°“ M0351 [RevJanuavw-Zowl ORDER APPROVING COMPROMISE 0F DISPUTED CLAIM 0R PENDING ACTION 0R DISPOSITION 0F PROCEEDS 0F JUDGMENT FOR MINOR 0R PERSON WITH A DISABILITY (Miscellaneous) MC—351 CASE NAME: RICHARDSON v. JCT TRUCKING, INC; ET AL. CASE NUMBER # 20CECG()0127 8 Further orders of the court concerning blocked accounts The court makes the following additional orders concerning any part of the balance ordered to be depositedin a blocked account under item 7c(2)(a): b The petitioner and the petitioner's attorney, ifany, must deliver toeach depository at the time of deposit three copies of the Order to Deposit Money IntoBlocked Account (form M0355), which issigned contemporaneously with this order, and three copies of the Receipt and Acknowledgment of Order for theDeposit of Money Into Blocked Account (form MC-356). The petitioner or thepetitioner'sattorney must file acopy 15 days of the of the receipt with this court within deposit The sole responsibilities of the petitioner and the petitioner's attorney, ifany, are to place the balancein a blocked account or accounts and to timely filea copy of the receipt. c. The balance of the proceeds ofthe settlement orjudgment deposited ina blocked account or accounts under item may be withdrawn only as follows (check (1) or (1) E 7c(2)(a) No withdrawals of principal or interest written order under this (2)): may be made from the blocked account case name and number, signed by a judge, or accounts without a further and bearing the seal ofthis court. The (2) m money on deposit is not subject to escheat. The blocked account or accounts belong to a minor. The minor was born on (date):March 18, 2003 No withdrawals of principal or interest may be made from the blocked account or accounts without a further written order under this case name and number, signed by a judicial officer, and bearing the seal of this court. minor attains the age of 18 years. until the When the minor attains the age of 18 years, the depository, without further order of this court, is authorized and ditected to pay by check or draft directly to the former minor.upon proper demand, allmoneys The money on deposit including interest deposited under this order. isnot subject to escheat. 9 Authorization to execute settlement documents The execute settlement documents as follows (check only one): a E petitioner is authorized to Upon receipt of the full amount ofthe settlement sum approved by this order and the deposit of funds, the and final release and petitioner is authorized and directed to execute and deliver to the payer a full, complete, discharge of any and all claims and demands of the claimant by reason ofthe accident or incident described in the petition and the resultant injuries to the claimant and a properly executed dismissal with prejudice b, m The petitionerisauthorized and directed to execute any and the terms of the settlement, alldocuments reasonably necessary to carry out c m The petitioner is authorizedand directed (specify): E Continued on Attachment 9c. 10. Bondis A copy E ordered and fixedinthe amountof: $ be served on the payer forthwith D notrequired. 11, 12. E of this order shall Additional orders The court makes the following additionalorders (specify): Date: E Continued on Attachment 12, M0351 [RevJanuarvt 20101ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR E JUDICIAL OFFICER SIGNATURE FOLLOWS LAST ATTACHMENT PENDING ”“9”“ ACTION 0R DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous)