Ang Jiang Liu et al v. Uber Technologies, Inc. et al Document 63: Order

Filed July 23, 2015

BackBack to Ang Jiang Liu et al v. Uber Technologies, Inc. et al, Superior Court of California, County of San Francisco Case No. CGC-14-536979

Order [redacted] Granting Petition To Approve Compromise Of A Minor's Claim [e-service Transaction I.d: 57601330]

Tags No tags have been applied so far. Sign in to add some.

  Formatted Text Tab Overlap Raw Text Right End
Page 1 Order [redacted] Granting Petition To Approve Compromise Of A Minor's Claim [e-service Transaction I.d: 57601330]:
WOON
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO.
Document Scanning Lead Sheet
Jul-23-2015 4:12 pm

Case Number: CGC-14-536979
Filing Date: Jul-23-2015 4:11
Filed by: JOSE RIOS-MERIDA
Juke Box: 001 Image: 05005412
ORDER



ANG JIANG LIU et al VS. UBER TECHNOLOGIES, INC. et al

Instructions:
Please place this sheet on top of the document to be scanned.
Page 2 oO em AN DA nA FBP WY NY —
NHN NO NY NY NY WD NB ND NO HH KH HF Fe Fe FP RP Re Se
ao nN DN OH BP HY NY |! Oo CO Ww NDT DO OH EP HO NY KF OS


Christopher B. Dolan (SBN 165358)
Emile A. Davis (SBN 208394) cucttior Cratot x.

Natalie M. Lupo (SBN 297069) County of San Francisco
THE DOLAN LAW FIRM ante
Market Street JUL 23 2015
San Francisco, California 94102 CLERK QF THe COURT
Telephone: (415) 421-2800 BY: >.
Facsimile: (415) 421-2830 , Deputy Clerk
Attorneys for Plaintiffs
ANG JIANG LIU, HUAN HUA KUANG, ANTHONY LIU
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
ANG JIANG LIU, AS AN INDIVIDUAL Case No. CGC-14-536979
AND AS GUARDIAN AD LITEM FOR
ANTHONY LIU, AND SUCCESSOR IN
INTEREST ON BEHALF OF THE ESTATE | fpxepaserlH ORDER GRANTING
OF SOFIA LIU, HUAN HUA KUANG, PETITION TO APPROVE
ANTHONY LIU, COMPROMISE OF A MINOR’S CLAIM
Plaintiffs,
Judge: Hon. Judge Wiss
Vv. Date/Time: July 23, 2015 at 10:00 a.m.
Dept: 305
UBER TECHNOLOGIES, INC., RASIER
LLC, RASIER-CA LLC, SYED
MUZAFFAR, and DOES 1 through 30, [REDACTED]
Defendants.



-l-
{propmsrd] ORDER GRANTING PETITION TO APPROVE COMPROMISE OF A MINOR’S CLAIM
Page 3 MC-351

_ ATTORNEY GA PARTY WITHOUT ATTORNEY (Namo, Stato Bar number, and addrese); FOR COURT USE ONLY
(Christopher 8B. Dolan, Esq. (SBN 165358)
The Dolan Law Firm
Market Street
San Francisco, . CA 94102
TELEPHONENO: (415) 421-2800 "FAX NO. (Cptionap:
E-MAIL ADDRESS (Oplionay; OMile.davis@cbdlaw.com
ATTORNEY FOR (Name): Plaintiffs
...| SUPERIOR. COURT.OF. CALIFORNIA, COUNTY.OF.. San_Francisco. vem a ate
srnceranpress: 400 McAllister Street
maluNG ADDRESS: 400° McAllister ‘Street
. OTY AND ZiP cone: San. Francisco, 94102
: prancHNname: UnLimited Civil Division
'| CASENAME:Liu v. Uber Technologies Inc. et al


| ORDER APPROVING: , . —— "| CASE NUMBER:






L_] COMPROMISE OF DISPUTED CLAIM , C@C-14-536979
Re COMPROMISE OF PENDING ACTION .
DISPOSITION OF PROCEEDS OF JUDGMENT , , i DATE, IF ANY: oer: :
x) Minor Cc] Person Witha Disability ray $3 ALS 305 =
: 4. Petitioner (name): Ang Jian Liu . . has petitioned for court approval ofa
proposed compromise ofa disputed claim of a minor or a pending action involving a minor or a person with a disabllity or a
proposed disposition of the proceeds ofa Judgment for a minor ora person with a disability.
-.2. Heating
[__] Nohearing a3, The petition is an expedited petition under tule 7.950.5 of the California Rules of Court.
b. [x] Date: July7/23, 2015 Time:10:00 Dept: 305
c. Judicial officer: 7 udde Wiss
. Relationship to claimant
Petitioner has-the following relationship or relationships to claimant (check all applicable boxes);
Parent
‘Guardian ad litem
Guardian
Conservator
Claimant, an adult person with a disability, is the petitioner.
Other (specify):
COOOEE
’ 4, Claimant (name): Anthony Liu
a. -[X] isa minor.
b. ((_] isa “person with a disability” within the meaning af Probate Code section 3603 who Is:
(1) £1] An adult. Claimant's date of birth Is (specify):
@) [_-] Without a conservator. Claimant has capacity to consent to this order, within the meaning of
Probate Code section 812, arid has consented to this order.
(b) ("J Aconservatee; 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) [_] Aminor described in Probate Code section $603(b) (3).
.-5. Defendant...
‘The claim or action to be compromised is asserted, or the Judgment i is entered, agalnst (name of setting or judgment defendant or
defendants (the ‘payer’)): Uber Technologies Inc.,: :Ragi ier, LLC. ‘ Rasier-CA, LEC, Syed

Muzaffar
. Page 1 of 4
Form Adapted ts Mando Use ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING Caco o Ci Procedure, 8372
| MOaE on lenuary 1 2510) ACTION OR DISPOSITION.OF PROCEEDS OF JUDGMENT FOR | cu: rues ct cous ruiea's.1386, 7383
MINOR OR PERSON WITHA DISABILITY Legal
(Miscellaneous) ° was
Page 4 MC-351

_ | CASE.NAME: Liu v. Uber Technologies Ine. et al _: CASE NUMBER:
CGC-14-536979




. THE'COURT FINDS that all notices required by law have. been given.. THE COURT ORDERS
a The Petition is grarited and the proposed. compromise of claim or action or ‘the proposed disposition of the proceeds of the
judgment Is approved. The gross amount or value of the settlement or judgment in favor of claimant is $
---— ~~ [3c] -Untilfurther order of the-court; jurisdiction is reserved to determine a-claim for a reduction-of a Medi-Cal lien under" 7"
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 ordar is the full amount of the lien claimed by the department but is subject to reduction an farther
order of the court upon determination of the claim for reduction. :
c The payer shall disburse the proceeds of the settlement or judgment approved by this order in the following manner:
(1) Payment of fees and expenses
Fees and expenses shall ba pald by one or more checks or drafts, drawn payable to the order of the petitioner and the
petitioner's attomey, if any, or directly to third parties entitled to recalva payment identified in this order for the following .
itams of experise or damage, which are hereby authorized 10 be paid out of the proceeds of the settlement or judgment:
(a) [3c] Attomey's fees in the total amount of: $. a | payable to (specity) The Dolan Law :
(o) ([] Reimbursement for medical and ali other expenses paid by the petitioner orthe oo
petitioner's attorney inthe total amount of:- $ [
) [3] Medical, hospital, ambulance; nursing, and other like expenses payable directly to os
providers as follows; in the total amount of: - $ |
() Payee (name): San Francisco medical Group .
(A} Address:' 1001 Potrero Ave. San Francisco CA
(B) Amount: $
- (i) Payee (name): San Francisco Fire Department ambulance
(A} Address: 1415 Evans Avenue
San Francisco, CA 94324
(B) Amount: $
[_] Continued on Attachment 7c(1)(c). (Provide information abaut additional payees in the above format.) .
(@) [] Other authorized disbursements payable.directly to third parties in the total amount of: SI
(Describe and state the amount of each item and provide the name and address of each payee):
Medi-Cal Lien for medical services related to the incident.
(_] Continued on Attachment 7c(1)(d).
© Gel Tolal allowance for fees and expenses from the settlement or judgment: . $ a | .
. MG-351 [Rev. danuary1,2010 ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING Poge2ot¢
: ACTION OR DISPOSITION.OF PROCEEDS OF JUDGMENT FOR .
- MINOR -OR PERSON WITH-A DISABILITY
. (Miscellaneous)
Page 5 NiC-351 ~


([[OASE NAME:Liu Vv. Uber Technologies Inc. et al

CASE NUMBER:
CGC-14-536979


. THE COURT ORDERS (cont)
c. The payer shall disburse the proceeds of the setilement or judgment approved by this order in the following n manner:
(2) Balance ©
The balance of the settlement or judgment avallable for claimant after payment of all allowed
fees arid expenses is:
(a) [__] . By one or more checks or drafts in the total amount of (specify): $-
~-—--~-The-balafies shall-be disbursed as: follows: > mrecememmantnemmnncnaen eon menmamacecernimees, Seams «=
—«
drawn payable to the order of the petitioner as trustee for the clatmant. 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 forthe claimant, and no withdrawals may be made from the.
accounts’ except as provided in the Order to Deposit Money inte Blocked Account (form-MC-355), which i is
“signed contemporaneously with this order (“blocked account’..
(b) 2X]


* Go Continued on Attachment 70t2)(0).
By the following method(s) (describe each method, including the amount to be disbursed ):
{c) - If money Is to.be paid to a special needs trust under Probate Code section 3604, all statutory lléns in favor
: of the state Départment of Health Care Services, the state Department of Mental Health, the state
Depariment of Developmental Services, and any clty and county in Califomia must first be satisf ied by the
. following method (specity)
[__] Continued on Attachment 7c(2)(c).. [X] 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 70(2)(a):
a. Within 48 hours of receipt of a check or draft described in item 7c(2){a), the netitioner 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 accouni):
See Attachment 8a
[32] Continued.on Attachment 8a.

" WG-35t (fev. January 1,200] QRDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING -. Page sol4 ‘
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITHA DISABILITY
" (Miscellaneous)
Page 6 MC-351


CASENAME:Liu v. Uber Technologies Inc. et al CASE NUMBER:


CGC-14-536979

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 Order:to Deposit:Money.into Blocked Account. (iorm-MC-355), which is. signed contemporaneously-with this.order,...... a
The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of
and three copies of the Receipt and Acknowledgment of Order for the Deposit of Maney 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 patitioner and the petitioner's attorney, if any, are to place the balance Ina
blocked account or accounts and to timely file a copy of the receipt. .
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) LJ 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 judge, and beating the seal of this court. The.
money on deposit is not subject to escheat.
(2) S<" The blocked account or accounts belong to a minor. The minor. was bom on (dale): .
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, 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, all moneys including interest deposited under this order. The money on deposit —
"fs not subject to escheat.
. [€] Authorization to execute settlement documents
The patitioner is authorized to execute settlement documents as follows (check only one):
a.
b.
[__] Upon recelpt of the fuli amount of the settlement sum approved by this order and the deposit of funds, the
petitioner is authorized and directed to execute and deliver to 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 resuitant injuries to the claimant and a properly sxecuted dismissal with prejudice.
Lx] The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out
the terms of the settlement
. £_] The petitioner is authorized and directed (specify):
(__] Continued on Attachment 9c.
. Bondis [(_] ordered and fixed in the amount of: $ . CX] not required.
- 11. A copy of this order shall be served on the payer forthwith.
t2. F_] Additional orders
The court makes the following additional-orders (specify):
[__] Continued on Attachment 12. ge
PO i (" orncea (7 O
. L_] sicnature FOULOWS LAST ATTACHMENT


_ [eas For Inmayi. io) ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING Page ofa
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY.
(Miscellaneous)
Page 7 - @iled Under Seal)
Page 8
Page 9 _ ATTACHMENT 8a
~~ [RD the amount: of the Medi-Cal lien of the minor child, will be deposited into Plaintiffs’: ~~". YY
counsel’s trust account. Plaintiffs’ counsel will make attempts to negotiate thé Medi-Cal lien,
and the negotiated amount agreed upon by Medi-Cal will be paid to Medi-Cal. Any remaining rt (th
funds in the trust account as a result of the reduction of the Medi-Cal lien will be placed into a eg
‘blocked account in the petitioner's name until such time as the minor turns 18 years of pal 45° v ie
“age. Counsel for thie minor will promptly notify the court, enc report on any reduction in the fe yf
- asswelbes the name, branch, address of the depository and the amount deposited into the blocked
account. In the event that these acts have not been completed, Plaintiffs’ counsel is ordered to
: appear on November 20, 2015 at 9: 30 am. in Dept 305 for a status conference regarding the = —
Medi-Cal lien.
Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?