Judge: Audra Mori, Case: 20STCV46147, Date: 2022-12-15 Tentative Ruling

Case Number: 20STCV46147    Hearing Date: December 15, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Tiffany Perry (“Petitioner”), Hector Lozano (“Lozano”), Anthony Garcia Sotelo (“Sotelo”), and Nicholas Garcia Sotelo (“Claimant”), by and through his guardian ad litem, Petitioner, filed this action against defendants Garfield George Duncombe (“Duncombe”), et al. for damages arising from a motor vehicle vs. pedestrian accident.  Plaintiffs allege that Defendants Duncombe and Raul Slaza Secaida (“Secaida”), while in the course and scope of their employment with defendant Amazon Logistics, Inc. (“Amazon”) struck and killed Decedent Kelly Garcia (“Decedent”).  Decedent was Claimant’s, and the three other plaintiffs’, mother.  Claimant suffered emotional distress and general damages as a result of the incident. 

Plaintiffs have agreed to settle their claims with defendants Duncombe, Secaida, and Amazon for the total amount of $155,000.00, with $38,750 being apportioned to each of the four plaintiffs, including Claimant.  Pertaining to Claimant, if the settlement is approved, $9,687.50 will be used for attorney fees and $1,083.82 will be used for costs.  The net balance of $27,978.68 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 thirteen years old, and thus, the Court will require Claimant and Petitioner to appear at the hearing.  They are encouraged to appear remotely.  If the Court is satisfied with Claimant’s and 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 15^th day of December 2022