Judge: Audra Mori, Case: 21STCV44760, Date: 2023-02-03 Tentative Ruling

Case Number: 21STCV44760    Hearing Date: February 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Naga Kanth Kanamala (“Petitioner”), Nitee Davay (“Davay”), and Aryan Kanamala (“Claimant”), a minor by and through his guardian ad litem, Petitioner, filed this action against Defendant Mehakdeep Randhawa (“Defendant”) for damages arising from a motor vehicle accident.  Plaintiffs allege that Defendant negligently caused a collision with Plaintiffs’ vehicle.  Claimant suffered the following injuries: “At the time of the collision, 3-year-old [Claimant] screamed and cried for almost an hour, suffering elbow pain, more frequent nosebleeds, fear and nightmares as a result. His elbow pain subsided within a month. He had prior nosebleeds; after the crash their frequency increased for 3-4 months. He became very fearful of cars - difficult to put in a car seat for 1-2 months.”  (Petitioner ¶ 6.)  Claimant has recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Defendant for the total amount of $20,000.00, with $9,000 being apportioned to Petitioner, $10,000 to Davay, and $1,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $250.00 will be used for attorney fees and $243.58 will be used for costs.  Petitioner proposes to have the net balance of $506.42 paid directly to Petitioner without bond. 

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 four years old and was only three when the incident occurred.  The Court finds Claimant’s age constitutes good cause to excuse his appearance.  Only Petitioner is required to appear at the hearing; Petitioner is encouraged to appear remotely.  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.  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 3^rd day of February 2023