Judge: Audra Mori, Case: 20STCV01387, Date: 2022-09-06 Tentative Ruling

Case Number: 20STCV01387    Hearing Date: September 6, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Mya Goff (“Claimant”), a minor by and through her guardian ad litem, Davetta Goff (“Petitioner”), filed this action against Defendant Children of Promise Preparatory Academy (“Defendant”), et al. for injuries Claimant sustained while at Defendant’s school.  Claimant asserts that due to negligence supervision and a dangerous condition of the premises, Claimant fell and hit head on the school playground.  Claimant sustained headaches, head pain, neck pain, and emotional injuries.  Claimant has now recovered completely from her injuries. 

Claimant filed the instant petition on August 3, 2022.  Claimant, by and through her guardian ad litem and attorney of record, has agreed to settle all claims with Defendant for the total amount of $55,000.00.  If the settlement is approved, $3,523.22 will be used for medical expenses, $13,750.00 for attorney fees, and $920.59 will be used for costs.  Of the net balance of $36,806.19, Petitioner proposes to have $31,806.19 deposited into a blocked account and $5,000 be paid or delivered 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.  

However, Petitioner did not submit a proposed order to approve settlement (Judicial Council Form MC-351) or a proposed order to place funds in a blocked account (Judicial Council Form MC-355) with the instant petition.  While Petitioner filed proposed orders with a previous petition filed on July 12, 2022, these orders contain different amounts than what Petitioner is seeking here.  Petitioner must file new proposed orders with the correct amounts sought by the instant petition and all necessary information.  If Petitioner does not do so by the time of the hearing, and the Court does not receive the proposed orders, 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.  Claimant herein is 12 years old, and thus, the Court finds Claimant’s age constitutes good cause to excuse her appearance.  Petitioner will be required to appear; Petitioner is encouraged to appear remotely. 

Therefore, if the required proposed orders are filed and received, Petitioner will be expected to appear at the hearing on the petition.  The Court wishes to hear from Petitioner specifically concerning the payment of a portion of the funds to Petitioner, without bond, and the court wishes to know how Petitioner plans to use the funds in order to determine whether this is an appropriate arrangement.  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. 

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 6^th day of September 2022