Judge: Audra Mori, Case: 19STCV10575, Date: 2022-10-12 Tentative Ruling

Case Number: 19STCV10575    Hearing Date: October 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Rosa Sanchez (“Petitioner”) and Daniel Diaz (“Claimant”), a minor by and through his guardian ad litem, Petitioner, filed this action against Defendant Juan Manuel Jimenez (“Defendant”) for damages arising from a motor vehicle accident.  Claimant suffered soft tissue back injury as a result of the accident.  Claimant has now recovered completely from the effects of the injuries. 

The parties have agreed to settle the case for the total amount of $12,500.00, with $8,500 being apportioned to Petitioner and $4,000.00 being apportioned to Claimant.  Pertaining to Claimant, if the settlement is approved, $700 will be used for medical expenses and $1,000 for attorney’s fees.  Petitioner proposes to have the net balance of $2,300.00 be paid directly to Petitioner, without bond. 

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 14 years old, so the Court will require Claimant to appear at the hearing along with Petitioner.  They are encouraged to appear remotely.  The Court wishes to hear from the Petitioner how Petitioner plans to use the funds in order to determine whether this is an appropriate arrangement.  If the Court is satisfied with Petitioner’s testimony, the Court will grant the petition.

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 12^th day of October 2022