Judge: Audra Mori, Case: 20STCV18630, Date: 2022-07-28 Tentative Ruling

Case Number: 20STCV18630    Hearing Date: July 28, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, John Rodriguez, a minor by and through his guardian ad litem, Jessica Medrano (“Petitioner”), filed this action against Defendant Los Angeles Unified School District (“Defendant”) for injuries Plaintiff sustained when playing on a playground at Defendant’s school.  Plaintiff sustained suffered the following injuries: “a puncture wound and large skin tear to the left forearm with significant skin and soft tissue damage, copious bleeding and extreme pain. The scars pull and restrain the surrounding tissue during arm movement, limiting those movements and causing discomfort. His scar is complex, raised, hypertrophic and wide. There is color and texture mismatch to the surrounding tissue.”  (¶ 6.)  Plaintiff has not recovered completely from his injuries. 

Plaintiff, by and through his guardian ad litem and attorney of record, has agreed to settle all claims with Defendant for the total amount of $175,000.00.  If the settlement is approved, $3,574.91 will be used for medical expenses, $43,750.00 for attorneys’ fees, and $6,320.01 will be used for costs.  The net balance of $121,355.03 will be deposited into a blocked account. 

The court has reviewed the settlement and finds it fair and reasonable.  The court also finds the attorneys’ fees fair and reasonable, in that they amount to 25% of the minor’s settlement.  

Pursuant to CRC 7.952, Plaintiff and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Plaintiff herein is 15 years old, so the court will require Plaintiff to appear.  Plaintiff and Petitioner are both required to appear; they are encouraged to appear remotely.  If the court is satisfied with Plaintiff’s and 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 28^th day of July 2022