Judge: Audra Mori, Case: 20STCV40722, Date: 2023-01-27 Tentative Ruling

Case Number: 20STCV40722    Hearing Date: January 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Matteo Barba (“Plaintiff”), a minor by and through his guardian ad litem, Imelda Barba (“Petitioner”), filed this action against Starbucks Coffee Company, et al. for injuries Plaintiff sustained when hot coffee was spilled on Plaintiff at defendants’ store.  

Petitioner filed the instant Petition for Approval of Compromise of Claim pertaining to Plaintiff on December 27, 2022.  The petition is redacted.  On November 1, 2022, Defendant Starbucks Corporation (“Defendant”) filed a motion for an order allowing the petition to approve compromise and related documents to be filed under seal, and Defendant lodged unredacted copies of the petition and supporting documents with the Court.  On November 18, 2022, Defendant’s motion to seal was granted, and Petitioner was ordered to file redacted copies of the petition, proposed orders, and settlement agreement. 

The Court will not set forth the terms of the settlement in this public order, as doing so would violate the purpose of the requested sealing order.  The Court has reviewed the terms of the settlement for Plaintiff and finds them fair and reasonable.  Per California Rules of Court, rule 7.952, Petitioner and Plaintiff must appear at the hearing unless the Court finds good cause to excuse their appearance.  Plaintiff is only six years old, and thus, the Court finds Plaintiff’s age constitutes good cause to excuse Plaintiff’s appearance.  The Court will require only Petitioner’s appearance and testimony prior to granting the petition.  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 27^th day of January 2023