On December 18, 2019 a
Order
was filed
involving a dispute between
Aguila, Ana,
Aguila, Maria,
Aguilera, Sergio,
and
Cree, Deborah,
Doster, Jessica,
for Auto Tort: Unlimited
in the District Court of Stanislaus County.
Preview
MIC-351
ATTORNEY OR PARTY WI‘MOUT ATTORNEY (Name, State Bar number. and address); FOR COURT USE ONLY
Johanna Carvaial ISBN 2834451
181 Devine Street
San Jose. California 95110 FiieElfi
TELEPHONE ~04408.891.8323 Fame-roman: 408.275.0412 JAN 2 6 21129
icarvaiallaw@gmaii.com
E-MAILADDRESSiOpfianaI):
ATTORNEYFORrNmel: Mario Rosas GAL for Oralia Rosas CLERK OF THE SUPERIOR COURT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus COUNTY OF STANlSLAUS
smemnonsss: Floor BY
801 10th Street, 4th
MNLINGADDRESS:801 10th Street. 4th Floor ‘—
e: ARUTV
Modesto 95354
cIrYAND ZIP cops;
BRANCH NAM E:
CASE NAME:
AGUILERA ET AL v. JESSICA DOSTER ET AL.
ORDER APPROVING: mamas-i:
l:l COMPROMISE OF DISPUTED CLAIM CV_19007552
El COMPROMISE OF PENDING ACTION
“W'NG ”ATE-“N“ ”5"“
[:1 DISPOSITION OF PROCEEDS OF JUDGMENT
01/26/2021 24
E] MInor [:1 Person With a Disability
. Petitioner (name): Mario Rosas has petitioned for court approval of a
proposed compromise of a disputed claim of a minor or a pending action involving a minor or a person with a disability or a
proposed disposition of the proceeds of a Judgment for a minor or a person with a disability.
. Hearing
3.I:] No hearing was held. The petition is an expedited petition under rule 1950.5 Of the Californla Rules of Court.
b. Date: 01l26l2021 “mam Dept; 24
o. Judicialofflcer:
. Relationship to claimant
Petitioner has the following relationship or relationships to claimant (check all applicable boxes):
a. l:l Parent ,
b Guardian ad litem
c. l:l Guardian
d. I:] Conservator
e I: Claimant. an adult person with a disability, is the petitioner.
l:l
.
f~ Other (specify):
. Claimant (name): Oralia Rosas
a. III isamlnor.
b. I: is a "person with a disability" within the meaning of Probate Code section'3603 who is:
(1)I: An adult. Claimant's date of birth is (specify):
(a)El Without a conservator. Claimant has capacity to consent to this.order. within the meaning of
Probate Code section 812. and has consented to this order.
lb)l:l A conservatee; a person for whom a conservator may be appointed; or without capacity to
consent to this order, within the meaning of Probate Code section 812.
(2) C] A minor describedin Probate Code section 3603(b)(3).
Defendant
The claim Or action to be compromised is asserted. or the judgment is entered. against (name of settling orjudgment defendant or
defendants (the 'payer")}:
Deborah Cree
Puget 0M
Fwmvwdwwmuie ORDER APPROVING COMPROMISE 0F DISPUTED CLAIM OR PENDING Osagfggfigggggggg
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
M‘ci'i‘i'i‘ifi’iiln‘i'afi'lf‘z'iiioi
Cal-Russomm-gumgg-ggg
' ''
MINOR 0R PERSON WITH A DISABILITY
(Miscellaneous)
MO—351.
CASE NAME: CASE NUME ER:
-—
AGUILERA ET AL v. JESSICA DOSTER ET AL. CV-1 9007562
6. THE COURT FINDS that all notlces required bylaw have been given.
7. THE COURT ORDERS
a. .
roceeds of the
The petition ls granted and the proposed compromise of claim or action or the proposed disposition of the
judgment lsapproved. The gross amount orvalue ofthe settlementorjudgment In tavorofclaimant Is$ .10;000
b. D Untll further order ot the court, jurlsdlction ls reserved to determine a claim for a reduction of a Medi—Cal lien under
Welfare and institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services
in item 7c(1)(d) of this order ls the full amount of the lien claimed by the department but is subject to reduction on further
order ct the court upon determination of the claim for reduction.
c. The payer shall disburse the proceeds oi the settlement orjudgment approved by this order in the following manner:
(1) Payment of fees and expenses
Fees and expenses shall bepaid by one or more checks or drafts. drawn payable to the order of the petitioner and the
petitioner's attorney. it any, or directly to third parties entitled to receive-payment identified in this order for the following
items of expense or damage. which are hereby authorized to be pald- out of the proceeds of the settlement orjudgment:
(a) - 33
Attorney's fees in the total amount of: $ payable to (specify):
LAW OFFICE OF DAVID KRAFT
(b) =fl Reimbursement for medical and ail other expenses paid by the petitioner or the
petitioner's attorney in the total amount of: 5 44-66
(c) m Medical. hospital. ambulance. nursing. and other like expenses payable directly to
providers as follows. in the total amount of: 5 33.00
‘3
(i) Payee (name):Emanuel Medical Center
(A) Address: 825 Delbon Avenue. Turlock, California 95282
(B) Amount:$ 833-00
(ii)F'ayee (name):
(A) Address:
(B) Amount: $
E Continued on Attachment 7c(1)(c).(Provide information about additionai payees in the above format.)
(d) E Other authorized disbursements payable directly to third parties in the total amount of: S
(Describe and state the amount of each item and provide the name and address of each payee):
E Continued on Attachment round).
(e) Total allowance-for fees and expenses from the settlement or judgment: $
‘ 307.66
“0'3“ W“- Janm'm-zm”! ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ”'9' 1°“
ACTION OR DISPOSITION 0F PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MIC-351
CASE NUMBER:-
CASE NAME:
‘AGUlLERA ET AL v. JESSICA DOSTER ET AL. CV-19007562
7. THE COURT ORDERS (sent)
c. The payer shall disburse the proceeds of- the settlement or judgment approved by this order in the following manner:
(2) Balance
The balance of the settlement or judgment available for claimant after payment oi all allowed
fees and expenses is: $ 692.34
The balance shall be disbursed as follows:
(a) $ 5,692.34
By one or more checks or drafts in the total amount of (specify):
drawn payable to the order of the petitioner as trustee for the claimant. Each such check or draft must bear an
endorsement on the face or reverse that it is for deposit in one or more Interest-bearing. federally insured
accounts in the name of the petitioner as trustee for the claimant, and no withdrawals may be made from the
accounts except as provided in the Order to Deposit Money Into Blocked Account (form M0355). which is
signed contemporaneously with this order ("blocked accountT').
(b) {:I By the following method(s) (describe each method. including the amount
to be disbursed):
[:1 Continued on Attachment Tc(2)(b).
(c) |:] Ifmoney is to be paid to a special needs trust under Probate Code section 3604. all statutory liens in tavor
ot the state Department of Health Care Services. the state Department of Mental Health. the state
Department of DeveIOpmental Services. and any city and county in California must first be satisfied by the
following method (specify):
|:l Continued on Attachment 7c(2)(c).
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 deposited in a blocked
account under item 7c(2)(a):
a. Within 48 hours of receipt of a check or draft described In item Tc(2)(a). the petitioner and the petitioner's attorney. if
any. must deposit the check or draft in the petitioner’s name as trustee for the claimant in one or more blocked accounts
at (specify name. branch, and address of each depository, and the amount of each account):
Comerica Bank
444 N. Santa Cruz Avenue
Los Gatos. California 95030
|:I Continued on Attachment 8a.
W351i“- Jan"aw-20101 ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ”um“
ACTION 0R DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
BIC-351-
CASE NAME: CASE NUMBER:
r'AGUiLERA ET AL v. JESSICA DOSTER ET AL. CV-19007582
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 deposited in a blocked
account under item 7c(2)(a):
b. The petitioner and the petitioner's attorney. if any. must deliver to each depository at the time of deposit three copies of
the Order to Deposit Money lnlo Blocked Account (form MC-355), which is signed contemporaneously with this order.
and three copies of the Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account (form
MC-356). The petitioner or the petitioner's attorney must file a copy of the receipt with this court within 15 days of the
deposit. The sole responsibilities of the petitioner and the petitioner's attorneyl if any. are to place the balance in a
blocked account or accounts and to timely file a copy of the receipt.
0. The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under Item
7c(2)(a) may be withdrawn only as follows (check
( 1) or (2)):
(1) 1:] No withdrawals of or
principal interest
may be made from the blocked account or accounts without a further
written order under this case name and number. signed by a judge. and bearing the seal of this court. The
money on deposit is not subject to escheat.
(2) Juiy 9, 2005
The blocked account or accounts belong to a minor. The minor was born on (date):
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 ajudicial officer. and bearing the seal of this
court. until the minor attains the age of 18 years. When the minor attains the age of 18 years. the depository.
without further order of this court. is authorized and directed'to pay by check or draft directly to the former
minor. upon proper demand, ail moneys including interest deposited under this order. The money on deposit
is not sUbject to escheat.
9. Authorization to execute settlement documents
The petitioner is authorized to execute settlement documents as follows {check only one):
a. [Z] Upon receipt of the full amount of the settlement sum approved by this order and the deposit of funds. the
petitioner is authorized and directed to execute and deliver lo‘the payer a full. complete. and final release and
discharge of any and all claims and demands of the claimant by reason of the accident or incident described in
the petition and the resultant injuries to the claimant and a property executed dismissal with prejudice.
b. I: The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out
the terms of the settlement.
c. [:1 The petitioner is authorized and directed (spacing:
E Continued on Attachment 9c.
10. Bond is [:1 ordered and fixed in the amount of:$ El not required.
11.A cOpy of this order shall be sewed
on the payer forthwith.
12.III Additional orders
The court makes the following additional orders (Specify):
Allow distribution of funds ($5,692.34) to Oraiia Rosas upon her 18th birthday without a
court order.
[:1 Continued on Attachment 12. \
Date:
”w ’LOP‘ CI;;‘}A(
E
fl
JUDICIAL OFFICER
SIGNATUREFOLLOWST ATTACHMENT SONNf’STSKEIP-tl-U;
“MW-2°10]
M0351 {RBV- ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
Document Filed Date
January 26, 2021
Case Filing Date
December 18, 2019
Category
Auto Tort: Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
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MIC-351 ATTORNEY OR PARTY WI‘MOUT ATTORNEY (Name, State Bar number. and address); FOR COURT USE ONLY Johanna Carvaial ISBN 2834451 181 Devine Street San Jose. California 95110 FiieElfi TELEPHONE ~04408.891.8323 Fame-roman: 408.275.0412 JAN 2 6 21129 icarvaiallaw@gmaii.com E-MAILADDRESSiOpfianaI): ATTORNEYFORrNmel: Mario Rosas GAL for Oralia Rosas CLERK OF THE SUPERIOR COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus COUNTY OF STANlSLAUS smemnonsss: Floor BY 801 10th Street, 4th MNLINGADDRESS:801 10th Street. 4th Floor ‘— e: ARUTV Modesto 95354 cIrYAND ZIP cops; BRANCH NAM E: CASE NAME: AGUILERA ET AL v. JESSICA DOSTER ET AL. ORDER APPROVING: mamas-i: l:l COMPROMISE OF DISPUTED CLAIM CV_19007552 El COMPROMISE OF PENDING ACTION “W'NG ”ATE-“N“ ”5"“ [:1 DISPOSITION OF PROCEEDS OF JUDGMENT 01/26/2021 24 E] MInor [:1 Person With a Disability . Petitioner (name): Mario Rosas has petitioned for court approval of a proposed compromise of a disputed claim of a minor or a pending action involving a minor or a person with a disability or a proposed disposition of the proceeds of a Judgment for a minor or a person with a disability. . Hearing 3.I:] No hearing was held. The petition is an expedited petition under rule 1950.5 Of the Californla Rules of Court. b. Date: 01l26l2021 “mam Dept; 24 o. Judicialofflcer: . Relationship to claimant Petitioner has the following relationship or relationships to claimant (check all applicable boxes): a. l:l Parent , b Guardian ad litem c. l:l Guardian d. I:] Conservator e I: Claimant. an adult person with a disability, is the petitioner. l:l . f~ Other (specify): . Claimant (name): Oralia Rosas a. III isamlnor. b. I: is a "person with a disability" within the meaning of Probate Code section'3603 who is: (1)I: An adult. Claimant's date of birth is (specify): (a)El Without a conservator. Claimant has capacity to consent to this.order. within the meaning of Probate Code section 812. and has consented to this order. lb)l:l A conservatee; a person for whom a conservator may be appointed; or without capacity to consent to this order, within the meaning of Probate Code section 812. (2) C] A minor describedin Probate Code section 3603(b)(3). Defendant The claim Or action to be compromised is asserted. or the judgment is entered. against (name of settling orjudgment defendant or defendants (the 'payer")}: Deborah Cree Puget 0M Fwmvwdwwmuie ORDER APPROVING COMPROMISE 0F DISPUTED CLAIM OR PENDING Osagfggfigggggggg ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR M‘ci'i‘i'i‘ifi’iiln‘i'afi'lf‘z'iiioi Cal-Russomm-gumgg-ggg ' '' MINOR 0R PERSON WITH A DISABILITY (Miscellaneous) MO—351. CASE NAME: CASE NUME ER: -— AGUILERA ET AL v. JESSICA DOSTER ET AL. CV-1 9007562 6. THE COURT FINDS that all notlces required bylaw have been given. 7. THE COURT ORDERS a. . roceeds of the The petition ls granted and the proposed compromise of claim or action or the proposed disposition of the judgment lsapproved. The gross amount orvalue ofthe settlementorjudgment In tavorofclaimant Is$ .10;000 b. D Untll further order ot the court, jurlsdlction ls reserved to determine a claim for a reduction of a Medi—Cal lien under Welfare and institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services in item 7c(1)(d) of this order ls the full amount of the lien claimed by the department but is subject to reduction on further order ct the court upon determination of the claim for reduction. c. The payer shall disburse the proceeds oi the settlement orjudgment approved by this order in the following manner: (1) Payment of fees and expenses Fees and expenses shall bepaid by one or more checks or drafts. drawn payable to the order of the petitioner and the petitioner's attorney. it any, or directly to third parties entitled to receive-payment identified in this order for the following items of expense or damage. which are hereby authorized to be pald- out of the proceeds of the settlement orjudgment: (a) - 33 Attorney's fees in the total amount of: $ payable to (specify): LAW OFFICE OF DAVID KRAFT (b) =fl Reimbursement for medical and ail other expenses paid by the petitioner or the petitioner's attorney in the total amount of: 5 44-66 (c) m Medical. hospital. ambulance. nursing. and other like expenses payable directly to providers as follows. in the total amount of: 5 33.00 ‘3 (i) Payee (name):Emanuel Medical Center (A) Address: 825 Delbon Avenue. Turlock, California 95282 (B) Amount:$ 833-00 (ii)F'ayee (name): (A) Address: (B) Amount: $ E Continued on Attachment 7c(1)(c).(Provide information about additionai payees in the above format.) (d) E Other authorized disbursements payable directly to third parties in the total amount of: S (Describe and state the amount of each item and provide the name and address of each payee): E Continued on Attachment round). (e) Total allowance-for fees and expenses from the settlement or judgment: $ ‘ 307.66 “0'3“ W“- Janm'm-zm”! ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ”'9' 1°“ ACTION OR DISPOSITION 0F PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MIC-351 CASE NUMBER:- CASE NAME: ‘AGUlLERA ET AL v. JESSICA DOSTER ET AL. CV-19007562 7. THE COURT ORDERS (sent) c. The payer shall disburse the proceeds of- the settlement or judgment approved by this order in the following manner: (2) Balance The balance of the settlement or judgment available for claimant after payment oi all allowed fees and expenses is: $ 692.34 The balance shall be disbursed as follows: (a) $ 5,692.34 By one or more checks or drafts in the total amount of (specify): drawn payable to the order of the petitioner as trustee for the claimant. Each such check or draft must bear an endorsement on the face or reverse that it is for deposit in one or more Interest-bearing. federally insured accounts in the name of the petitioner as trustee for the claimant, and no withdrawals may be made from the accounts except as provided in the Order to Deposit Money Into Blocked Account (form M0355). which is signed contemporaneously with this order ("blocked accountT'). (b) {:I By the following method(s) (describe each method. including the amount to be disbursed): [:1 Continued on Attachment Tc(2)(b). (c) |:] Ifmoney is to be paid to a special needs trust under Probate Code section 3604. all statutory liens in tavor ot the state Department of Health Care Services. the state Department of Mental Health. the state Department of DeveIOpmental Services. and any city and county in California must first be satisfied by the following method (specify): |:l Continued on Attachment 7c(2)(c). 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 deposited in a blocked account under item 7c(2)(a): a. Within 48 hours of receipt of a check or draft described In item Tc(2)(a). the petitioner and the petitioner's attorney. if any. must deposit the check or draft in the petitioner’s name as trustee for the claimant in one or more blocked accounts at (specify name. branch, and address of each depository, and the amount of each account): Comerica Bank 444 N. Santa Cruz Avenue Los Gatos. California 95030 |:I Continued on Attachment 8a. W351i“- Jan"aw-20101 ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ”um“ ACTION 0R DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) BIC-351- CASE NAME: CASE NUMBER: r'AGUiLERA ET AL v. JESSICA DOSTER ET AL. CV-19007582 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 deposited in a blocked account under item 7c(2)(a): b. The petitioner and the petitioner's attorney. if any. must deliver to each depository at the time of deposit three copies of the Order to Deposit Money lnlo Blocked Account (form MC-355), which is signed contemporaneously with this order. and three copies of the Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account (form MC-356). The petitioner or the petitioner's attorney must file a copy of the receipt with this court within 15 days of the deposit. The sole responsibilities of the petitioner and the petitioner's attorneyl if any. are to place the balance in a blocked account or accounts and to timely file a copy of the receipt. 0. The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under Item 7c(2)(a) may be withdrawn only as follows (check ( 1) or (2)): (1) 1:] No withdrawals of or principal interest may be made from the blocked account or accounts without a further written order under this case name and number. signed by a judge. and bearing the seal of this court. The money on deposit is not subject to escheat. (2) Juiy 9, 2005 The blocked account or accounts belong to a minor. The minor was born on (date): 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 ajudicial officer. and bearing the seal of this court. until the minor attains the age of 18 years. When the minor attains the age of 18 years. the depository. without further order of this court. is authorized and directed'to pay by check or draft directly to the former minor. upon proper demand, ail moneys including interest deposited under this order. The money on deposit is not sUbject to escheat. 9. Authorization to execute settlement documents The petitioner is authorized to execute settlement documents as follows {check only one): a. [Z] Upon receipt of the full amount of the settlement sum approved by this order and the deposit of funds. the petitioner is authorized and directed to execute and deliver lo‘the payer a full. complete. and final release and discharge of any and all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant injuries to the claimant and a property executed dismissal with prejudice. b. I: The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of the settlement. c. [:1 The petitioner is authorized and directed (spacing: E Continued on Attachment 9c. 10. Bond is [:1 ordered and fixed in the amount of:$ El not required. 11.A cOpy of this order shall be sewed on the payer forthwith. 12.III Additional orders The court makes the following additional orders (Specify): Allow distribution of funds ($5,692.34) to Oraiia Rosas upon her 18th birthday without a court order. [:1 Continued on Attachment 12. \ Date: ”w ’LOP‘ CI;;‘}A( E fl JUDICIAL OFFICER SIGNATUREFOLLOWST ATTACHMENT SONNf’STSKEIP-tl-U; “MW-2°10] M0351 {RBV- ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous)