Judge: Audra Mori, Case: 22STCV06054, Date: 2022-08-08 Tentative Ruling

Case Number: 22STCV06054    Hearing Date: August 8, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Ayden Leroy (“Ayden”), a minor, by and through her Guardian ad Litem, Carol Lam (“Petitioner”), Kasey Leroy (“Kasey”), a minor, by and through her Guardian ad Litem, Petitioner, and Petitioner filed this action against Defendant Wilbert Gomez (“Defendant”) for damages arising from a motor vehicle accident.  Ayden and Kasey were passengers in a vehicle with Petitioner when it was struck head-on by Defendant’s vehicle.  Ayden and Kasey each suffered superficial bruising and a neck muscle strain.  Ayden and Kasey have now recovered completely from their injuries. 

The parties have agreed to settle all claims with Defendant for the total amount of $60,000.00, with $29,000 being apportioned to Petitioner and $15,500 being apportioned to each Ayden and Kasey. 

Pertaining to Ayden and Kasey, respectively, if the settlement is approved, $53.46 will be used for medical expenses, $2,500.00 for attorneys’ fees, and $228.62 will be used for costs.  The net balance of $12,717.92 will be deposited into a blocked account for each Ayden and Kasey. 

The court has reviewed the settlement and finds it fair and reasonable.  The court also finds the attorneys’ fees fair and reasonable, in that they amount to less than 17% of the minor Claimants’ settlement amounts.  

Pursuant to CRC 7.952, Ayden, Kasey and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Ayden herein is 12 years old, and Kasey is 11 years old.  The court finds Ayden’s and Kasey’s age constitutes good cause to excuse their appearance.  The court will require only Petitioner to appear; Petitioner is encouraged to appear remotely.  If the court is satisfied with Petitioner’s testimony, the court will grant the petitions.

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 8^th day of August 2022