Judge: Audra Mori, Case: 20STCV43015, Date: 2022-08-03 Tentative Ruling

Case Number: 20STCV43015    Hearing Date: August 3, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Terry Jason Adams (“Petitioner”), and Presley Grace Adams (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendants, Pods Enterprises LLC and Sergio Perez. (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Claimant was a passenger in a vehicle with Petitioner when it was struck by Defendants’ vehicle.  Petitioner provides that Claimant sustained no injuries as a result of the accident. 

The parties have agreed to settle the action with Defendants for the total amount of $75,500.00, with $75,000 being apportioned to Petitioner and $500 to Claimant.  If the settlement is approved, $21.78 will be used for costs.  Petitioner proposes to have the net balance of $478.22 be paid directly to Petitioner, without bond.

The petition is denied without prejudice for the following reason:

·       Attachment 11b(6) pertaining to the apportionment of the settlement amount between Petitioner and Claimant states only that Portioner’s claim is independent from Claimant’s.  There is no other information provided regarding each Plaintiff’s special damages and/or injuries to allow the court to determine the reasons for the proposed apportionment.  The court cannot approve a $75,500 settlement apportioning only $500 to minor Claimant without specific information concerning the reasons for doing so, including information about each Plaintiff’s special damages.

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 seven years old and was only four when the accident occurred.  The court finds Claimant’s age constitutes good cause to excuse her appearance.  Only Petitioner will be required to appear.  The court wishes to hear from Petitioner concerning the payment of the funds to Petitioner, without bond, and the court wishes to know how Petitioner plans to use the funds in order to determine whether this is an appropriate arrangement.  Petitioner is ordered to appear at a hearing with 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 3^rd day of August 2022