Judge: Audra Mori, Case: 21STCV45275, Date: 2023-01-04 Tentative Ruling

Case Number: 21STCV45275    Hearing Date: January 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Josie L. Mason (“Claimant”), a minor by and through her guardian ad litem, Chad Mason (“Petitioner”), Stephanie Mason (“Stephanie”), and Petitioner filed this action against Defendant David P. Jarner (“Defendant”) for injuries relating to a dog bite incident.  Plaintiffs were on Defendant’s property with his invitation when Defendant’s dog, Boy, bit Claimant’s face.  Claimant suffered multiple facial lacerations.  Claimant has not recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Defendant for the total amount of $246,500.00, with $220,000 being apportioned to Claimant, $12,500 to Petitioner, and $14,000 to Stephanie.  Pertaining to Claimant, if the settlement is approved, $23,191.69 will be used for medical expenses, $58,100.00 for attorney fees, and $639.19 will be used for costs.  The net balance of $138,071.12 will be invested in a single-premium deferred annuity. 

The Court has reviewed the settlement and finds it fair and reasonable.  Furthermore, the Court has reviewed Counsel’s declaration and is satisfied sufficient efforts were expended to justify the approximately 26.4% attorney fees request. 

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 ten years old and was only seven when the incident occurred.  The Court finds Claimant’s age constitutes good cause to excuse her appearance.  Only Petitioner will be required to appear at the hearing; Petitioner is encouraged to appear remotely.  If the Court is satisfied with Petitioner’s testimony, the Court will grant the petition.  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 4^th day of January 2023