Judge: Audra Mori, Case: 18STCV07209, Date: 2023-01-11 Tentative Ruling

Case Number: 18STCV07209    Hearing Date: January 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Leticia Hernandez-Casarez (“Petitioner”) and Jake Hernandez (“Claimant”), a minor by and through his guardian ad litem, Petitioner, filed this action against defendants Tomas J. Hernando-Morales, et al. for damages arising from a motor vehicle accident.  Claimant was a passenger in a vehicle struck by defendants’ vehicle.  Claimant “suffered injuries including but not limited to stress and anxiety” as a result of the accident.  (Petition ¶ 6.)  He has now recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Defendant Nature’s Produce for the total amount of $376,500.00, with $371,600 being apportioned to Petitioner and $4,900 to Claimant.  Pertaining to Claimant, if the settlement is approved, $33.72 will be used for medical expenses, $1,225.00 for attorney fees, and $2.409.80 will be used for costs.  The net balance of $1,231.48 will be deposited into a blocked account. 

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorney fees fair and reasonable, in that they amount to 25% of the minor’s settlement.  

Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Claimant herein is only nine years old and was only three when the accident occurred.  The Court finds Claimant’s age constitutes good cause to excuse his appearance.   

However, Petitioner did not submit with the instant petition a proposed order to approve settlement on Judicial Council Form MC-351 or a proposed order to place funds in a blocked account on Judicial Council Form MC-355.  Therefore, Petitioner is ordered to file the proposed orders with all required information prior to the hearing on the petition.  If the proposed orders are filed, Petitioner will be expected to appear at the hearing on the petition; Petitioner is encouraged to appear remotely.  If the Court receives the proposed orders and is satisfied with Petitioner’s testimony at the hearing, the petition will be granted, and the Court will sign the proposed orders to approve the settlement and place funds in a blocked account. 

Petitioner is ordered to give notice. 

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 sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s 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. 

Dated this 11^th day of January 2023