Judge: Audra Mori, Case: 21STCV00732, Date: 2022-10-24 Tentative Ruling

Case Number: 21STCV00732    Hearing Date: October 24, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Iris Argentina Salazar (“Salazar”) and Sol Amor Perez (“Claimant”), a minor by and through her guardian ad litem, Julia Flores (“Petitioner”), filed this action against defendants Uber Technologies, et al. for damages arising from a motor vehicle accident.  Petitioner initially filed a petition for approval of compromise of claim regarding Claimant on August 18, 2022, with a hearing date of August 24, 2022.  Due to insufficient notice of the petition being given, the hearing was continued to September 26, 2022.  On September 26, 2022, the hearing was again continued to October 24, 2022, pursuant to Petitioner’s request. 

The Court notes that on October 10, 2022, which was only 14 days before this hearing, Petitioner filed another petition for approval of compromise pertaining to Claimant.  As Petitioner has been previously informed, a petition to approve a minor’s compromise requires at least 15 days’ notice prior to the hearing.  (Prob. Code §§ 1460, 2506.)  Therefore, the Court will consider only the petition filed on August 18, 2022, of which sufficient notice has been given.

Petitioner provides that as a result of the car accident, Claimant suffered acute left knee sprain, strain with musculoligamentous stretch injury, acute left ankle sprain, strain with musculoligamentous stretch injury, and post-traumatic left ankle and knee pain.  Claimant has now recovered completely from the effects of the injuries. 

Plaintiffs Salazar and Claimant and Defendant Christine Jeffrey have agreed to settle the case for the total amount of $94,000.00, with $87,000 being apportioned to Salazar and $7,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $1,700 will be used for medical expenses, $1,750 for attorney’s fees, and $340 for costs.  The net balance of $3,210 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% 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 only six years old.  The Court finds Claimant’s age constitutes good cause to excuse Claimant’s appearance.  Thus, only Petitioner will be required to appear; 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 24^th day of October 2022