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FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 . \SUPREME COURT OF TIM STATE OF NEW YORK COI.]NTY OF BRONX Index No.: x Date Purchased: EDGAR HENRIQUEZ-HERNANDEZ, SUMMONS Plaintifls), Plaintiff designates Brorx against - County as the place oftrial. The basis ofvenue is: VALENTE VILLAREAL and SEMOR PLAINTIFF'S RESIDENCE CARE EMERGENCY, Plaintiffresides at: Defendant(s). 975 Walton Avenue Apt. 3BN Bronrq NY 10452 \1 County ofBRONX To the above named Defendants: You are hereby sunmoned to answer the complaint in this action, and to serye a copy of your answff, or, ifthe complaint is not served with this summons, to serve a notice ofappearance on the Plaintiffs attomey(s) within trventy days after the service ofthis suilrnors, exclusive ofthe day of servics, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In cose of your failure to appear or answer, judgment will be taken against you by defuuh for the relief demanded in the complaint. Dated: New York 2024 Z & BRAVERMAN, P.C. for Plaintiff(s) EDGAR IIEFMIQIJEZIIERNANDEZ lT?East 161st Street Bronx, New York 10451 (718) e93-3000 Our File No. 9657 TO: SENIOR CARE EMERGENCY 700 Havemayer Avenue Bronx, NY 10473 1 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 VALENTE VILLAREAL 6321 Booth Street Flushing, NY 10473 2 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF BRONX X EDGAR HENRIQUEZ-HERNANDEZ. Index No.: Plaintiff(s), Date Purchased - against - VERIFIED COMPLAINT VALENTE VILLAREAL and SENIOR CARE EMERGENCY, Defendant(s) x Plaintifl by his attorneys, GETZ & BRAVERMAN, P.C., complaining of the Defendants, respectfully alleges, upon information and belief: 1. At all times herein mentioned, Plaintiff EDGAR HENRIQUEZ-HERNANDEZ was, and still is, a resident of the County of Bronx, State of New york. 2. That at all times herein mentioned, Defendant SENIOR CARE EMERGENCY, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. Thatatalltimeshereinmentioned, DefendantSENIORCAREEMERGENCYwas and still is a foreign corporation duly authori zed,todo business in the State of New York. 4. Thatatalltimeshereinaftermentioned,DefendantSENIORCAREEMERGENCY maintained a principal place of business in the County of New York, State of New York. 5. At all times herein mentioned, Defendant VALENTE VILLAREAL was, and still is, a resident of the County of Queens, State of New York. 3 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 5. At all timos herein meRtioned, Defendaut VALENTE YILLAREAL was, and still is, a resident ofthe County of Queens, State ofNew york. 6. At all times herein mentioned, Defendant sEMoR CARE, EMERGENCy was the owner of a Ford 2016 SWSUV motor vehicle bearing New York State registration number 14039EV. 7. At all times herein mentioned, Defendant VALENTE YIILAREAL operated the aforementioned motor vehicle bearing New York State registration number 140398V. 8. At all times herein mentioned, Defend*nt VALENTE YILLAREAL operated the aforementioned motor vehicle with ths permission of Defendant SEI\IIOR CARE EMERGENCY. 10. At all times herein mentiorted, Defendant VALENTE YILLAREAL operated the aforementioned rnotor vehicle with the knowledge of the Defendant SEIIIOR CARE EMERGENCY. 11. At all times herein mentioned, Defendant VALENTE YILLAREAL operated the aforementioned motor vehicle with the consont of the Defendant SEIIIOR CARE EMERGENCY. 12. At all times herein mentioned, Defendant SEMOR CARE EMERGENCY managed the aforesaid motor vehicle. 13. At all times fierein mentioned, Defendant VALENTE YILLAREAL managed the aforementioned motor vehicle. 14. At all times herein mentioned, Defendant SENIOR CARS EMERGENCY maintained the aforementioned motor vehicle. 4 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 15. At all times herein mentioned, Defendant VALEI{TE VILLAREAL maintained the aforementioned motor vehicle. 16. At all times hereir menrioned Defendant sENroR CARE EMERGENCY controlled the aforementioned motor vehicle. 17. At all times herein mentioned, Defendant VALENTE VILLAREAL controlled the aforementioned rnotor vehicle. 18. At all times herein mentioned, Defendant YALENTE YILLAREAL operated the aforementioned motor vehicle iu the soope of his employment with $ENIOR CARE EMERGENCY. 19. At all times herein mentioned, PlaintiffEDGAR HENRIQUE7/ImRNAFIDEZ was the operator of a 2016 Sedan motor vehicle bearing New York State registration number T687545C. 20. At all times herein mentioned, In front of 2482 Cambreleng Avenue, County of Bronx, State ofNew York, were public roadways, streets andlor thoroughfares. 22. That on september 13, 2a19, Defendant YALENT]E YILLAREAL was operating the vehicle owned by SEMOR CARE EMERGENCY, at the aforementioned location. 23. That on September 13, 2019, Plaintiff EIIGAR HENRIQUEFIIERNANDEZ was operating his motor vehicle at the aforementioned location. 24. That on Septeruber 13, 2019, at the aforementiorred location, the motor vehicle owned by Defendant SEMOR CARE EMERGENCY and operated by Dofendant J 5 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 YALENTE YILLAREAL came into contact with the motor vehicle operated by Plaintitr EDGAR IIE}{RIQUIZIIERNAI{DEE 25. That as a resuh of the aforesaid contact, Plaintitr EDGAR HEFIRIQTIE? HERNANDEZ was mjured. 76. That the aforesaid oceurrerce was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing thereto. 27. That Defendants were negligent, careless and rsckless in the ownership, operatioq management, maintenance, supervisiorL use and confiol of the aforesaid vehicle and the Defendants were otherwise negligent, cmeless and reckless under the circu{nstances then and there prevailing. 28, That by reason of the foregoing, Plaintiff EDGAR HENRIQUE7. IIERNANDEZ sustained severe snd permsnent personal iqiuries; and Plaintiff EDGAR HENRIQUEZ-IIERNANDEZ was otherwise damaged. 29. That Plaintiff EDGAR IIENRIQUE2IIIERNAI{DEZ sustained serious iqiuries as defined by $5102(d) ofthe Insurance Law of the State ofNew York. 30. That Plairtiff EDGAR HENRIQUEZTIIERNANDEZ sustained serious injuries and economic loss greater than basic economic loss as defined by $510a of the Insurance Law ofthe State ofNew York. 31. That Plaintiff EDGAR IIENRIQUE%IIERNAIID$Z is not seeking to recover any damages for which plaintitr has been reimbursed by no-fiult insurance ardlor for which no-fauh insurance is obligated to reimburse Plaintiff. Plaintiff is seeking only to 4 6 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 recover those damages not recoverable through no-fauh insurance under the facts and circ*mstances in this action. 32. That this action falls within ono or more of the exceptions set foth in CPLR $ r602. 33. That by reason of the foregoing, Plaintitr EDGAR HEFIRIQUfi,U HERNAFIDEZ has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHtrREFORE, Plaintiff demands judgment against the Defendants herein, in a sum exseeding the jurisdictional limitu of all lower courts which would otherwise have jurisdiction, together with the costs and disbursem*nt$ ofthis action. Dated: New York 2A20 P.C. for Plaintif(s) EDGAR IINNRIQI}E}ITERNAIYDEZ 177East l6lst Street Bromq New York 10451 (718) e93-3000 Our File No. 9657 5 7 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 PLANTIFF'S VEzuFICATION STATE OF NEW YORK SS: COLINTY OF BRONX being duly sworn, says: I am a Plaintiff in rhe action,herein; I have read the annex aad know the contents thereof, and the same are frue to my knowiedge, except mafters therein which are stated Io be alieged upon information and beiie{ and as to those matters I believe them to be true. My beiief as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my personal files. DATED: New York Sworn to before me this 34at' o e0 j.r J';i)1'Jtr i)! rusw"rCIma< a; rr, 02eH6S3S12S Notary Public Bromx Counlv *m Hxpires tA-27-?SAi 8 of 9FILED: BRONX COUNTY CLERK 06/01/2020 08:48 AM INDEX NO. 24938/2020ENYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2020 i Index No. SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF BRONX EDGAR HENRIQUEZ-HERNANDEZ, Plaintiff(s), - against - VALENTE VILLAREAL and SENIOR CARE EMERGENCY, Defendant(s) SUMMONS AND VERIFIED COMPLAINT GETZ & BRAVERMAN, P.C. Atto r ney s fo r E D GAKD H ENRI QaE Z-HE RNAND E Z 172 East 161st Street Bronx, New York 10451 (718) 993-3000 TO 9 of 9
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DANIEL CORONA VS WHITE MEMORIAL MEDICAL CENTER ET AL
Aug 27, 2024 |BC585574
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After deducting expenses and attorney fees, the balance of $873,504.18 was divided between a deferred annuity and an irrevocable special needs trust. (Order Approving Compromise, April 16, 2019.) Further, with the consent of Department of Health Care Services, (DHCS), $358,117.51 would be disbursed to Plaintiffs counsels Client Trust Account pending determination of DHCS lien claim. (Ibid.) On July 6, 2020, DHCS provided a revised final lien letter stating that it had paid $358,061 for Plaintiffs medical care, from which it sought to recover $229,696. On August 10, 2020, Judge Draper granted DHCS Medi-Cal Lien in the amount of $229,696. Plaintiff timely appealed, and the Court of Appeal found that the court erred by failing to equitably allocate the settlement amount. On November 29, 2023, Judge Feeney ruled that DHCS was to recover on its lien in the amount of $23,204.70. On June 12, 2024, Plaintiffs counsel filed the instant motion seeks approval for disbursem*nt of minor Plaintiffs funds in the amount of $30,973.80 for attorneys fees and $1,499.61 for costs advanced arising from the determination of DHCS lien, and pursuant to the retainer agreement between Plaintiff and his counsel. II. DISCUSSION Plaintiffs counsel avers that Plaintiff previously paid to DHCS $229,696 as determined by Judge Draper. After Judge Feeney determined that DHCS was entitled to collect $23,204.70 for its lien claim, the court ordered DHCS to issue a refund to Plaintiff in the amount of $206,492.03. DHCS paid the refund on February 14, 2024 via a check made payable to Plaintiffs counsels Client Trust Account. Plaintiffs counsel declares he distributed $174,018.62 to Plaintiffs Special Needs Trust, and held the remaining $32,473.41 in the Client Trust Account pending approval of distribution to Plaintiffs counsel for fees and costs advanced. Attorneys fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) Here, Plaintiffs counsel attests that he and Plaintiff have a contingency fee agreement ,which specifies that Plaintiffs counsel is to receive 15% in fees of any reduction of DHCS lien claim, and that Plaintiffs counsel would be reimbursed for any costs advanced on Plaintiffs behalf. (Mot. Exh. 3.) Plaintiffs counsel avers 15% of $206,492.03 equates to $30,973.80, and that the receipts demonstrate costs advanced of $1,499.61 (Mot. Exh. 4) for filing fees and transaction costs incurred for filing the appeal and documents with the superior court. The Court has reviewed the Retainer Agreement Contingency Fee Contract and finds that Plaintiffs counsel has demonstrated that he is entitled to attorneys fees arising from settlement/determination of the DHCS lien by contractual agreement with Plaintiff through his guardian ad litem. Further, Plaintiffs counsel has supported, with evidence, the amount of costs advanced on behalf of Plaintiff. III. CONCLUSION The motion for attorney fees in the amount of $30,973.80 and reimbursem*nt of costs in the amount of $1,499.61 to be distributed from the Client Trust Account to Plaintiffs counsel is GRANTED. Moving Party is ordered to give notice. DATED: August 23, 2024 __________________________ Hon. Michelle C. Kim Judge of the Superior Court PLEASE TAKE NOTICE: " Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. " If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line SUBMIT followed by the case number. The body of the email must include the hearing date and time, counsels contact information, and the identity of the party submitting. " Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. " If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.
Ruling
MONCINO HADNOT-BROWN VS GLAM HOUSE LOS ANGELES
Aug 26, 2024 |24STCV00245
Case Number: 24STCV00245 Hearing Date: August 26, 2024 Dept: 28 On August 1, 2024, the Court granted Midvale Indemnity Company (Midvale) leave to intervene on behalf of Defendant Happy Home Goods LLC dba Glam House (erroneously sued and served as Glam House Los Angeles) based on the stipulation between Midvale and Plaintiff Moncino Hadnot-Brown. Therefore, Midvales motion for leave to intervene, set to be heard on August 26, 2024, is moot.
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