Judge: Audra Mori, Case: 19STCV31699, Date: 2022-08-29 Tentative Ruling

Case Number: 19STCV31699    Hearing Date: August 29, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Joseph Miron (“Joseph”), a minor by and through his guardian ad litem, Brenda Torres (“Petitioner”), and Axel Miron (“Axel”) (collectively with Joseph, “Minor Claimants”), a minor by and through his guardian ad litem, Petitioner, filed this action against defendants Ronald Eugene Abercrombie Jr., et al. for damages relating to the alleged wrongful death of the Minor Claimants’ father.  Plaintiffs allege that during an altercation between Minor Claimants’ father and defendant California Panther Security, Inc.’s (“Panther”) employees, Minor Claimants’ father was stabbed to death.  The Minor Claimants suffered the loss of love, affection, protection, society, comfort, guidance and assistance of their father; Minor Claimants have not recovered completely from the effects of their loss. 

Minor Claimants, by and through their guardian ad litem, have agreed to settle all claims with Panther for the total amount of $1,775,000.00.  As to both Joseph and Axel, if the settlement is approved, $355,000.00 for attorney fees and $15,067.67 will be used for costs.  Of the net balance of $517,432.33 for each Joseph and Axel, $75,000 will be deposited into a blocked account and $442,432.33 will be invested in a single-premium deferred annuity.    

The court has reviewed the settlement and finds it fair and reasonable.  Furthermore, the court has reviewed Counsel’s declaration and is satisfied sufficient efforts were expended to justify the 40% attorney fees request.  

However, while Petitioner submitted a proposed order to approve settlement on Judicial Council Form MC-351 for each Joseph and Axel, the Court cannot locate a proposed order to place funds in a blocked account on Judicial Council Form MC-355 for the Minor Claimants.  Petitioner must file proposed orders for each Joseph and Axel with all necessary information on form MC-355.  If Petitioner does not do so by the time of the hearing, the hearing may need to be continued.

Pursuant to CRC 7.952, Minor Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Joseph herein is only 12 years old, and Axel is 11.  The Court finds the Minor Claimants’ ages constitute good cause to excuse their appearance. 

Therefore, if the required proposed orders on form MC-355 are filed, Petitioner will be expected to appear at the hearing on the petition.  If the Court receives the missing proposed orders and is satisfied with Petitioner’s testimony at the continued hearing, the petition will be granted, and the Court will sign the proposed orders. 

The hearing is continued to _____________________.

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 29^th day of August 2022