Judge: Audra Mori, Case: 19STCV15694, Date: 2022-09-01 Tentative Ruling

Case Number: 19STCV15694    Hearing Date: September 1, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Benjamin Williams, Jr. (“Claimant”), by and through her guardian ad litem, Maria Williams (“Petitioner”), filed this action against Defendants Stephanie Carrillo and Jay Nolan Community Services, Inc. (collectively, “Defendants”) for injuries Claimant sustained when exiting Defendants’ vehicle.  Defendants allegedly drove away before Plaintiff fully exited Defendants’ vehicle and knocked Plaintiff to the ground.  Claimant suffered shoulder pain and discomfort as a result of the incident.  Claimant has not recovered completely from the effects of his injuries and continues to have issues with his shoulder.    

Claimant, by and through his guardian ad litem and attorney of record, has agreed to settle all claims with Defendants for the total amount of $40,000.00.  If the settlement is approved, $14,231.32 will be used for medical expenses, $10,000.00 for attorney fees, and $508.90 will be used for costs.  Petitioner proposes to have the net balance of $15,259.78 deposited into a CalAble 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.  

While Petitioner attached a proposed order to the petition, Petitioner did not separately file a proposed order to approve settlement on Judicial Council Form MC-351 for Claimant.  Petitioner must file a proposed order for Claimant with all necessary information for the Court to sign.  If Petitioner does not do so by the time of the hearing, the hearing may need to be continued. 

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.  The Court finds Claimant’s condition constitutes good cause to excuse his appearance.  Therefore, if the required proposed order on form MC-351 is filed, Petitioner will be expected to appear at the hearing.  If the Court receives the separately filed proposed order and is satisfied with Petitioner’s testimony at the continued hearing, the petition will be granted, and the Court will sign the proposed order. 

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 1^st day of September 2022