Judge: Audra Mori, Case: 20STCV27235, Date: 2022-08-22 Tentative Ruling

Case Number: 20STCV27235    Hearing Date: August 22, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Alfonso Avila Vega (“Alfonso”), by and through his guardian ad litem, Alfonso Avila (“Petitioner”), Laura Rosario Vega Hernandez (“Hernandez”), Valeria Avila Vega (“Valeria”), and Ximena Avila Vega (“Ximena”), by and through her guardian ad litem, Petitioner, filed this action against Defendants Esperanza Fernandez and Miguel Fernandez for damages arising from a motor vehicle accident vs. pedestrian accident.  Plaintiffs allege that Defendants caused their vehicle to collide with Alfonso while in the presence of Hernandez, Valeria, and Ximena.  Petitioner now has filed Petitions for Approval of Compromise of Claim as to Alfonso and Ximena. 

Alfonso sustained the following injuries: “left leg injury and pain; left thin tissue avulsion; left thigh bleeding; left thigh pain; complex degloving wound of left thigh involving skin, subcutaneous, fascia, and muscle layers; large laceration of the lateral aspect of left leg; deformity; difficulty sleeping; nervous; fearful; anxious.”  (Petition for Alfonso ¶ 6.)  Alfonso has not recovered completely from the injuries, as he has a significant scar and indentation on his left thigh.  Ximena suffered serious emotional distress, including anguish, grief, anxiety, shock, and shame.  Ximena has not recovered completely and continues to suffer from the emotional distress. 

Plaintiffs have agreed to settle all claims with Defendants for the total amount of $500,000.00, with $400,000.00 being apportioned to Alfonso, $50,000.00 to Hernandez, $25,000.00 to Valeria, and $25,000 to Ximena. 

Pertaining to Alfonso, if the settlement is approved, $80,526.21 will be used for medical expenses, $100,000.00 for attorneys’ fees, and $3,211.04 as costs.  Petitioner proposes the net balance of $216,262.75 be invested in a single-premium deferred annuity. 

Pertaining to Ximena, if the settlement is approved, $950.00 will be used for medical expenses and $6,250.00 for attorneys’ fees.  The net balance of $17,800.00 will be deposited into a blocked account. 

This is Petitioner’s second set of petitions filed for Alfonso and Ximena.  The previous petitions were denied without prejudice in relevant part for the following reason:

·       The court cannot locate Attachment 11b(6) with either petition.  Petitioner must submit Attachment 11b(6) with the reasons for the apportionment of the settlement payments to each plaintiff, including any information concerning each plaintiff’s medical special damages and injuries. 

(Min. Order, June 13, 2022.)

In connection with the instant petitions, Petitioner has again failed to submit Attachment 11b(6) with either petition.  Petitioner must provide Attachment 11b(6) with both petitions, which must specify the reasons for the proposed apportionment of the settlement payments between Alfonso, Ximena, Valeria, and Hernandez.  This must include any information concerning each of the Plaintiffs’ medical specials, damages, and injuries.  This information and Attachment 11b(6) are required before the court can approve the petitions. 

Pursuant to CRC 7.952, Alfonso, Ximena, and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Alfonso herein is only ten years old, and was only eight when the incident occurred.  The court finds Alfonso’s age constitutes good cause to excuse his appearance.  Ximena is 15 years old, and so the court will require her and Petitioner to appear at the hearing in the future on an amended 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 22^nd day of August 2022