Judge: Audra Mori, Case: 20STCV47138, Date: 2022-10-20 Tentative Ruling

Case Number: 20STCV47138    Hearing Date: October 20, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Juan Alfredo Martinez (“Juan”), Sonia Aquino (“Sonia”), Julian Bernardo Martinez (“Julian”), a minor by and through his guardian ad litem, Maria D. Martinez (“Petitioner”), Christian Martinez (“Christian”), a minor by and through his guardian ad litem, Petitioner, Angel Bravo Aquino (“Angel”), a minor by and through his guardian ad litem, Petitioner, and Alyssa Martinez (“Alyssa”) filed this action against Defendants Steuber Corporation and Ryan Christopher (collectively, “Defendants”) for damages arising from a motor vehicle accident.  

Petitioner has filed a Petition for Approval of Compromise of Claim or Action as to minor plaintiffs Julian, Christian, and Angel (collectively, “Claimants”).  Plaintiffs’ vehicle was rear-ended by Defendants’ vehicle.  Julian suffered pain to his neck, back, and right leg; Christian suffered pain to his neck, right hip and back; Angel suffered pain to his neck, head, back, right shoulder, hip, and right rib.  Claimants have now recovered completely from the effects of their injuries. 

Plaintiffs have agreed to settle all claims with Defendants for the total amount of $608,019.50, with $490,000 being apportioned to Juan, $75,000 to Sonia, $15,000 to Alyssa, $7,685.50 to Julian, $10,000 to Christian, and $10,334.00 to Angel. 

Pertaining to Julian, if the settlement is approved, $2,223.02 will be used for medical expenses, $1,752.82 for attorney fees, and $788.86 will be used for costs.  The net balance of $2,920.80 will be deposited into a blocked account. 

Pertaining to Christian, if the settlement is approved, $2,795.00 will be used for medical expenses, $2,500.00 for attorney fees, and $885.80 will be used for costs.  The net balance of $3,819.20 will be deposited into a blocked account. 

Pertaining to Angel, if the settlement is approved, $3,903.20 will be used for medical expenses, $2,550.10 for attorney fees, and $773.80 will be used for costs.  The net balance of $3,106.90 will be deposited into a blocked account.

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% or less of the Claimants’ settlement amounts.

Pursuant to CRC 7.952, Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Julian is only seven years old; the Court finds Julian’s age constitutes good cause to excuse his appearance.  Christian and Angel are each 15 years old, so the Court will require Christian and Angel, along with Petitioner, to appear at the hearing.  If the Court is satisfied with Petitioner’s, Christian’s, and Angel’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 20^th day of October 2022