Judge: Audra Mori, Case: 19STCV22593, Date: 2022-11-07 Tentative Ruling

Case Number: 19STCV22593    Hearing Date: November 7, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Jenny Adame (“Petitioner”), Orel Adame (“Claimant”), a minor by and through his guardian ad litem, Petitioner, Margarita Adame (“Margarita”), and Alfonso Adame (“Alfonso”) filed this action against Defendant City of Compton (“Defendant”), et al. for damages arising relating to the alleged wrongful death of Alfonso Adame, Jr. (“Decedent”).  Decedent was Claimant’s father and died as a result of a motor vehicle accident at an intersection plaintiffs allege constituted a dangerous condition of public property.  Claimant has suffered the loss of the comfort, society, affection, love, guidance and support of his father. 

Plaintiffs have agreed to settle all claims with Defendant for the total amount of $100,000.00, with $50,000 being apportioned to Claimant, $25,000 to Petitioner, and $12,500 to each of Margarita and Alfonso.  Pertaining to Claimant, if the settlement is approved, $12,500.00 will be used for attorney fees and $7,901.64 will be used for costs.  The net balance of $29,598.64 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 seven years old, and thus, the Court finds Claimant’s age constitutes good cause to excuse his appearance.  Claimant will not be required to appear.  Only Petitioner will be required to appear at the hearing; Petitioner is encouraged to appear remotely.  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 7^th day of November 2022