Vasquez et al v. County of Santa Clara et al

Filing 33

ORDER re 32 Document E-Filed Under Seal, filed by Oralia Mason, S. V., So V., Alvina Vasquez, Jason Vasquez, Jr., Gabrielle Vasquez. Signed by Judge Lucy H. Koh on 11/5/12. (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(lhklc3, COURT STAFF) (Filed on 11/5/2012)

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JOHN L. BURRIS, Esq./ State Bar #69888
BENJAMIN NISENBAUM, Esq./State Bar #222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALVINA VASQUEZ, individually and as cosuccessor-in-interest to Decedent JASON
VASQUEZ; GABRIELLE VASQUEZ,
individually and as co-successor-in-interest to
Decedent JASON VASQUEZ; JASON
VASQUEZ, JR., individually and as cosuccessor-in-interest to Decedent JASON
VASQUEZ; S.V., a minor, by and through her
guardian ad litem Geri Urbano, individually and
as co-successor-in-interest to Decedent JASON
VASQUEZ; So.V., a minor, by and through her
guardian ad litem Geri Urbano, individually and
as co-successor-in-interest to Decedent JASON
VASQUEZ; and ORALIA MASON,
individually,

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Case No. C 11-05812 LHK
PLAINTIFFS’ PETITION
TO APPOINT GUARDIAN AD LITEM
AND APPROVE MINORS’ COMPROMISE

Plaintiffs,
vs.
COUNTY OF SANTA CLARA, a municipal
corporation; LAURIE SMITH, individually;
VICTOR CRUZ, individually and in his official
capacity as a peace officer for the COUNTY OF
SANTA CLARA; MIGUEL JAUREGI,
individually and in his official capacity as a
peace officer for the COUNTY OF SANTA
CLARA; RYAN REYES, individually and in
his official capacity as a peace officer for the
COUNTY OF SANTA CLARA; NICHOLAS
HOLLY, individually and in his official capacity
as a peace officer for the COUNTY OF SANTA
CLARA; SAYAD HUSSAIN, individually and
in his official capacity as a peace officer for the
(caption continues on following page)

PLAINTIFFS’ PETITION AND ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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COUNTY OF SANTA CLARA; DUNG
TRAN, individually and in his official capacity
as a peace officer of the COUNTY OF SANTA
CLARA; ERIC TAYLOR, individually and in
his official capacity as a peace officer for the
COUNTY OF SANTA CLARA; ALBERTO
LOIZA, individually and in his official capacity
as a peace officer for the COUNTY OF SANTA
CLARA; and DOES 8-25, individually,
inclusive,

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Defendants.

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/

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Petitioner GERIA URBANO respectfully represents:
1.

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and S

Petitioner GERI URBANO is the natural mother of minor plaintiffs S

Vasquez

Vasquez. She also has custody of both minor plaintiffs. Minor Plaintiff S

VASQUEZ is the daughter of decedent JASON VASQUEZ, and was born on July
Plaintiff S
October

1996. Minor

VASQUEZ is also the daughter of decedent JASON VASQUEZ, and was born on
2002. Plaintiffs ALVINA VASQUEZ, GABRIELLE VASQUEZ, and JASON

VASQUEZ, JR. are the adult children of Decedent, while Plaintiff ORALIA MASON is the mother
of Decedent.
2.

Minor Plaintiffs have causes of action against the named defendants herein on which a

lawsuit was brought in this court for violation of civil rights under Federal and State statutes.
3.

Minor Plaintiffs’ causes of action arise out of the death of decedent JASON

VASQUEZ, while in the custody of defendants on November 6, 2010. As alleged in their Complaint,
Minor Plaintiffs suffered loss of the relationship with their father, caused by deliberate indifference to
Decedent’s serious medical needs, in violation of the 14th Amendment, and alternatively for state law
negligence by said Defendants.
4.

No previous petition for appointment of guardian ad litem with respect to these minors

has been filed in this matter.

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PLAINTIFFS’ PETITION AND ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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5.

Petitioner is willing to serve as the minors Guardian Ad Litem as denoted above.

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Petitioner is fully competent to understand and protect the rights of the minors, and has no interest

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adverse to that of the minors.

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6.

Petitioner requests that she be appointed guardian ad litem for her children, as denoted

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above, to prosecute the above-described causes of action on behalf of her children as denoted above,

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and for such other relief as the Court may deem just and proper.

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7.

Plaintiffs and Defendants have reached settlement in this matter. The total settlement

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is in the amount of $700,000. The settlement will distributed as follows: Each minor Plaintiff,

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S

VASQUEZ and S

VASQUEZ, shall each receive gross settlement funds of

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$150,000.00 apiece, before costs and attorneys fees. The remaining four adult Plaintiffs shall each

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receive gross settlements funds of $100,000.00 apiece, before costs and attorney’s fees.

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8.

Minor Plaintiffs settlement will be structured as set forth below, and in the attached

Exhibit A. The Minor Plaintiffs’ share of settlement proceeds is as follows:

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a. S

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Share of costs (21% of total costs): ($882.54)

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Attorneys fees (25%): ($37,500)

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Total net Settlement: $111,617.45

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$11,617.45 shall be placed in an interest-bearing blocked trust account at an FDIC insured

VASQUEZ : $150,000.00

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banking institution for the benefit of Minor Plaintiff S

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18th birthday. From this account, the Court shall authorize on Minor Plaintiff S

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17th birthday, July

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VASQUEZ, remainder payable on her
VASQUEZ’s

2013, release of funds in the amount of $400.00 to said Minor Plaintiff.

Of Minor Plaintiff S

VASQUEZ’s net recovery, $100,000.00 will be placed in a

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structured settlement through

for

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annuitant Minor Plaintiff S

VASQUEZ as further set forth and described in the Petition and

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Order attached as Exhibit A, with guaranteed lump sum payments according to the following

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schedule:

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PLAINTIFFS’ PETITION AND ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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Date of Payment

Amount

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2014

$15,000.00

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2017

$25,000.00

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2021

$35,000.00

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2026

$38,000.00

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b. S

VASQEUZ: $150,000.00

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Share of costs (21% of total costs): ($882.54)

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Attorneys fees (25%): ($37,500)

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Total net Settlement: $111,617.45

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$11,617.45 shall be placed in an interest-bearing blocked trust account at an FDIC insured

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banking institution for the benefit of Minor Plaintiff S

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VASQUEZ, remainder payable on 18th

birthday.

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Of Minor Plaintiff S

VASQUEZ’s net recovery, $100,000.00 will be placed in a

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structured settlement through

for

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annuitant Minor Plaintiff S

VASQUEZ as further set forth and described in the Petition and

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Order attached as Exhibit A, with guaranteed payments according to the following schedule:

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$200.00 payable annually, guaranteed for 9 years, beginning on December 1, 2012, with the
last guaranteed payment on December 01, 2020; and:

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Date of Payment

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2020

$20,000.00

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2023

$30,000.00

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2027

$40,000.00

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2032

$61,750.00

Amount

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PLAINTIFFS’ PETITION AND ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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9.

This petition was prepared by the Law Offices of John L. Burris, the lead counsel

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representing plaintiffs in this action. Ben Nisenbaum, Esq. of Law Offices of John L. Burris also

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represents plaintiff and is in agreement with the terms of this Petition. John L. Burris, Esq. and Ben

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Nisenbaum, Esq. hereby represent to the Court that they became involved in this case at the request

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of plaintiffs, and have not received, and do not expect to receive any compensation for their services

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in connection with this action from any person other than the parties whom they represent in this

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action.

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10.

Petitioners and their counsel have made a careful and diligent inquiry and

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investigation to ascertain the facts relating to the subject incidents, the responsibility therefore, and

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the nature and extent of injury to the minor plaintiffs, and fully understand that if the compromise

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herein proposed is approved by the Court and is consummated, said minor plaintiffs will be forever

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barred and prevented from seeking any further recovery of compensation as against defendants

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COUNTY OF SANTA CLARA, et al., in this action, even if said minors’ losses and injuries might

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in the future prove to be more serious than they are now thought to be.

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11. Petitioners recommend this compromise settlement to the Court as being fair, reasonable, and
in the best interests of said minor plaintiffs.
I declare under penalty of perjury that the foregoing is true and correct.

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Dated: October 10, 2012

LAW OFFICES OF JOHN L. BURRIS

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/s/ Benjamin Nisenbaum
Benjamin Nisenbaum
Attorney for Plaintiffs

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PLAINTIFFS’ PETITION AND ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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