CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Goodyear Dunlop Tires North America, Ltd. v. Gamez

This case involves an appeal by Goodyear Dunlop Tires North America, Ltd. challenging a trial court's award of approximately $400,000 in guardian ad litem fees and an additional $30,000 in appellate fees. The underlying litigation was a products liability case involving multiple minor plaintiffs, for whom the guardians ad litem were appointed. Goodyear contested the fees, arguing they were excessive, covered work outside the guardians' scope of duties, included work performed after the case settlement, and featured inappropriate billing practices. The appellate court found insufficient evidence to support the reasonableness of the ad litem fees, noting issues like billing for non-essential tasks, duplicate work, and unreasonable time entries (e.g., billing for sleeping or over 24 hours a day). Consequently, the court reversed the award of appellate fees, finding the trial court lacked plenary jurisdiction to modify the judgment. The aggregate ad litem fees portion of the judgment was reversed and remanded for recalculation consistent with the appellate court's opinion.

Guardian Ad LitemAttorney FeesAppellate FeesProducts LiabilityMinor PlaintiffsFee CalculationScope of DutiesExcessive BillingPlenary JurisdictionAbuse of Discretion
References
35
Case No. MISSING
Regular Panel Decision

In re the Adoption of J.

The case concerns an adoption proceeding initiated by a same-sex couple. The court addresses whether to appoint a guardian ad litem for the adoptive infant, a practice previously common in same-sex adoptions due to their novelty. Citing Matter of Dana, which affirmed the legality of same-sex and heterosexual unmarried couple adoptions, the court found no legal basis to treat same-sex adoptions differently from those by married couples, where a guardian ad litem is not automatically appointed if statutory requirements and social worker reports are favorable. The court concluded that denying equal treatment could violate federal and state equal protection clauses, deciding against appointing a guardian ad litem unless special circumstances are present.

AdoptionSame-sex coupleGuardian ad litemBest interest of childEqual protectionDomestic Relations LawStatutory interpretationCourt of AppealsSurrogate's CourtFamily Law
References
2
Case No. ADJ8088868
Regular

DAVID WEDDLE (Deceased),\nDENISE WEDDLE (Guardian Ad Litem) vs. STATE OF CALIFORNIA CORRECTIONS\nAND REHABILITATION PAROLE, legally\nuninsured; STATE COMPENSATION\nINSURANCE FUND, adjusting agency

The Workers' Compensation Appeals Board denied a Petition for Removal and a Petition for Reconsideration filed by the defendant, State Compensation Insurance Fund. The Board adopted the reasoning of the Workers' Compensation Judge's report supporting the denials. This order pertains to a case involving David Weddle (deceased) and his guardian ad litem, Denise Weddle.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDavid Weddle (Deceased)Denise Weddle (Guardian Ad Litem)State of California Corrections and Rehabilitation ParoleState Compensation Insurance Fundlegally uninsuredadjusting agencyworkers' compensation administrative law judge
References
0
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
0
Case No. MISSING
Regular Panel Decision

Kesterson v. Varner

Bruce Varner (Father) appealed the trial court's dismissal of his Petition to Modify Custody of his son, J.V. The original custody was awarded to Judy Kesterson (Mother) in a 1990 divorce. Varner sought modification in 2002, citing J.V.'s serious mental health issues, including ADHD, Bipolar Disorder, and Oppositional Defiant Disorder, as a material change in circumstances. The trial court dismissed the petition, finding Varner failed to prove a material change in circumstances or that a custody change was in the child's best interest. The appellate court affirmed the trial court's decision, concluding that while a material change in circumstances was established due to J.V.'s mental health, Varner did not meet the burden of proof that changing custody to him would be in J.V.'s best interest, especially given expert testimony on J.V.'s manipulative behavior and the guardian ad litem's recommendation for J.V. to remain with the mother. The court also affirmed the allocation of attorney's fees and guardian ad litem fees to Varner.

Custody ModificationChild Mental HealthParental DiscretionBest Interest of ChildGuardian Ad Litem FeesAttorney Fees AwardAppellate ReviewTrial Court DismissalPsychiatric DiagnosisAttention Deficit Hyperactivity Disorder
References
29
Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
1
Case No. ADJ8608456 MF ADJ8608504 ADJ8523009 ADJ8551858 ADJ8609068
Regular
Oct 07, 2015

HORACIO CABRERA, Deceased MARIBEL BARAJAS, Widow, Guardian Ad Litem for LITZY CABRERA, LESLY CABRERA, MARIA CABRERA AND KASSANDRA CABRERA; BRIANNA CABRERA, for herself and Guardian Ad Litem for STEFANI ARIAS,, ANTONIO SOLARES, MODESTO DOMINGUEZ, JOHNATHAN ALONSO vs. MV CONTRACTING, STAR INSURANCE COMPANY

This case involves a petition for reconsideration by MV Contracting regarding a prior WCJ decision finding industrial injuries and a fatal injury due to a motor vehicle accident. The WCJ excluded the defendant's evidence of a timely denial, presuming the claims compensable and finding the "going and coming rule" inapplicable. The Board affirmed the WCJ's decision, denying the petition for reconsideration. The Board agreed that the employer's submission of a claim form acted as the applicant dependents' agent, satisfying their obligation.

Workers' Compensation Appeals BoardIndustrial InjuriesMotor Vehicle AccidentFatal Industrial InjuryDependentsPetition for ReconsiderationRulings and Order Admitting EvidenceFindings of FactNotice of DenialPresumed Compensable
References
0
Case No. BAK 0144430 ANA 0384706
Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm
References
0
Case No. M2009-01839-COA-R3-JV; 2007-5187; 2007-5550; 2009-4616
Regular Panel Decision
Mar 29, 2011

Sherry C. Sloan v. William Chadwick Poff

The Juvenile Court found the mother, Sherry C. Sloan, in criminal contempt for violating two orders concerning communication with the father, William Chadwick Poff, and his visitation rights. She was sentenced to a suspended ten-day workhouse term and a $50 fine. On appeal, Sloan challenged the sufficiency of the evidence for contempt, an evidentiary ruling regarding business records, the suspension of her sentence, the appointment of a guardian ad litem for the child, and the trial court's recusal. The Court of Appeals affirmed the Juvenile Court's decisions in all respects, finding sufficient evidence for contempt, proper admission of business records, and correct legal application regarding the suspended sentence, guardian ad litem, and recusal.

Criminal ContemptParental CommunicationVisitation InterferenceJuvenile Court OrdersAppellate ReviewSufficiency of EvidenceEvidentiary RulingsBusiness Records ExceptionHearsay RuleSuspended Sentence
References
28
Case No. CT-003684-01; W2003-02611-COA-R3-CV
Regular Panel Decision
Jun 06, 2005

Stanley David Kahn v. Randa Lipman Kahn

This case involves an appeal from a divorce decree between Stanley David Kahn (Husband/Appellant) and Randa Lipman Kahn (Wife/Appellee). The husband appealed the trial court's division of marital property, specifically the classification of a 'Summer property' as marital, and the order to pay the entire balance of guardian ad litem fees. The Court of Appeals of Tennessee at Jackson affirmed the trial court's decision regarding the guardian ad litem fees, finding no abuse of discretion. However, the appellate court reversed the trial court's ruling on the 'Summer property,' concluding it was separate property and not subject to equitable division. The case was remanded for a new equitable division of the marital estate, taking into account the separate property. The court also declined to award attorney's fees on appeal as both parties achieved partial success.

Divorce LawMarital Property DivisionSeparate PropertyEquitable DistributionGuardian Ad Litem FeesAppellate ReviewRemand for Further ProceedingsFamily LawProperty TransmutationChild Custody Litigation
References
12
Showing 1-10 of 1,898 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational