Judge: Audra Mori, Case: 20STCV20576, Date: 2023-02-01 Tentative Ruling

Case Number: 20STCV20576    Hearing Date: February 1, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Dione Silva De Freitas (“Dione”), Fabiano Alves Batista (Petitioner”), and Valentina De Freitas Alves (“Claimant”), a minor by and through her guardian ad litem, Petitioner, (collectively, “Plaintiffs”) filed this action against defendants LPF Triana, Inc., et al for damages Plaintiffs sustained when Dione attempted to light a gas-fueled grill owned by the apartment building when she was living with her family, Petitioner, who is Dione’s husband, and Claimant, who is Dione’s daughter.  The grill exploded, causing burn injuries to Dione.  Petitioner and Claimant were about 20 feet away from the grill when the incident happened.  Claimant suffered emotional distress.  Claimant has not recovered completely from the effects of her injuries. 

Plaintiffs have agreed to settle all claims with Defendants Legacy Partners, Inc. and LPF Triana, Inc. for the total amount of $4,650,000.00, with $4,000,000 being apportioned to Dione, $325,000 to Petitioner, and $325,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $81,250.00 will be used for attorney fees, and the net balance of $243,750.00 will be invested in a single-premium deferred annuity. 

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 11 years old and was only eight when the incident occurred.  The Court finds Claimant’s age constitutes good cause to excuse her appearance.  Only Petitioner is 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 1^st day of February 2023