Judge: Anne Hwang, Case: 20STCV25644, Date: 2023-12-15 Tentative Ruling

Case Number: 20STCV25644    Hearing Date: December 15, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the petition by Petitioner Karina Jimenez (Petitioner) on behalf of Claimant Maxximiliana Luna, age 5. The Court GRANTS the petition.

Petitioner seeks approval of a $350,000 gross settlement to Claimant.

Attorney for Claimant seeks $87,500 in attorney fees which represents 25% of the gross settlement. The Court finds this to be a reasonable amount.

Petitioner also provides documentation of the $10,660 in costs, sought to be paid from the proceeds.

Therefore, Claimant’s net settlement is $251,840, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.

Petitioner includes attachment 18b(3) describing the annuity terms and conditions.

Moving party shall give notice of the Court’s order and file a proof of service of such.

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the petition by Petitioner Karina Jimenez (Petitioner) on behalf of Claimant Aria Daniella Luna, age 7. The Court GRANTS the petition.

Petitioner seeks approval of a $350,000 gross settlement to Claimant.

Attorney for Claimant seeks $87,500 in attorney fees which represents 25% of the gross settlement. The Court finds this to be a reasonable amount.

Petitioner also provides documentation of the $10,660 in costs, sought to be paid from the proceeds.

Therefore, Claimant’s net settlement is $251,840, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.

Petitioner includes attachment 18b(3) describing the annuity terms and conditions.

Moving party shall give notice of the Court’s order and file a proof of service of such.