Judge: Audra Mori, Case: 20STCV25677, Date: 2023-01-03 Tentative Ruling

Case Number: 20STCV25677    Hearing Date: January 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Claudia Rangel (“Petitioner”), Gerardo Rodriguez (“Gerardo”), Jacqueline Cordero (“Jacqueline”), Fabiola Cordero (“Fabiola”), Abraham Cordero (“Abraham”), Monserrath Rodriguez (“Monserrath”), Diana Cordero (“Diana”), and Leah Heredia (“Leah”) filed this action against defendants Dollar Smart, et al. for damages arising from the explosion of an A&E Lamp Oil that exploded in Petitioner’s hand and set her body on fire.  Gerardo is Petitioner’s husband, and Jacqueline, Fabiola, Abraham, Monserrath, Diana, and Leah are Petitioner’s children.  Fabiola, Abraham, Monserrath, Diana, and Leah (the “Minor Claimants”) are minors appearing by and through their guardian ad litem, Petitioner.  Fabiola and Abraham suffered minor burn injuries as a result of the oil lamp exploding, but they have now recovered completely.  Monserrath, Diana, and Leah witnessed their mother covered in flames and suffered emotional trauma; they have now recovered completely from the effects of their injuries.

On December 9, 2022, Petitioner filed the instant petitions for approval of compromise of claim pertaining to the Minor Claimants setting them for hearing on January 11, 2023.  On December 15, 2022, Petitioner’s ex parte application for an order shortening time to hear the petitions was granted in part, and the petitions were all advanced for hearing on January 3, 2023.  Any opposition was due by December 23, 2022, and any reply by December 28, 2022.  Petitioner was ordered to give notice.  (Min. Order, Dec. 15, 2022.)  However, to date, Petitioner has not filed notice with proof of service of the new hearing date. 

The hearing on the motion is continued to _________________ at 1:30 p.m. in Department 31 of the Spring Street Courthouse.  If this date is not an available date for Petitioner, Petitioner may use the online reservation system to change the hearing date to the next available convenient date in the system. 

Alternatively, if Petitioner can produce evidence proper notice of the subject hearing date was given as ordered, the Court rules as follows:

Plaintiffs have agreed to settle their claims with Defendant Yazid Corporation dba Dollar Smart (“Defendant”) for the total amount $900,000.00, with $820,000 being apportioned to Petitioner, $45,000 to Gerardo, $6,500 to Jacqueline, $6,500 Fabiola, $6,500 to Abraham, $6,500 to Monserrath, $4,500 to Diana, and $4,500 to Leah.

Pertaining to Fabiola, Abraham, and Monserrath, whom are each being apportioned $6,500.00, if the settlements are approved, $1,625.00 will be used for attorney fees.  The net balance of $4,875.00 will be deposited into a blocked account for each minor Claimant. 

Pertaining to Diana and Leah, whom are each being apportioned $4,500, if the settlements are approved, $1,125.00 will be used for attorney fees.  The net balance of $3,375 will be deposited into a blocked account for each minor Claimant. 

The Court has reviewed the settlements and finds it fair and reasonable.  The Court also finds the attorney fees fair and reasonable, in that they amount to 25% of the minors’ settlements.  

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.  Abraham, Leah, and Monserrath are only 12, nine, and six years old, respectively.  The Court finds their age constitutes good cause to excuse their appearance.  Fabiola and Diana are 17 and 15 years old, respectively, and thus, the Court will require them to appear along with Petitioner.  They are encouraged to appear remotely.  If the Court is satisfied with Petitioner’s, Fabiola’s, and Diana’s testimony, the Court will grant the petitions.

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 3^rd day of January 2023