Judge: Audra Mori, Case: 22STCV14280, Date: 2023-02-23 Tentative Ruling

Case Number: 22STCV14280    Hearing Date: February 23, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Manuel Antonio Alfaro (“Petitioner”) and Katherine Alfaro (“Claimant”), by and through her guardian ad litem, Petitioner, filed this action against Defendants Eberine Enterprises, Inc. dba Euro Coffee (“Eberine Enterprises”) and Jorge Alberto Mendez (“Mendez”) for damages arising from a motor vehicle accident.  Plaintiffs allege that Mendez was employed by Defendant Eberine Enterprises and was working within the scope of employment when Mendez collided into the rear of Plaintiffs’ vehicle.  Claimant suffered soft tissue injuries in her lower spine.  Claimant has now recovered completely from the effects of the injuries. 

Plaintiffs has agreed to settle their claims with Defendants for the total amount of $3,000,000.00, with $2,900,000 being apportioned to Petitioner and $100,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $5,000 will be used for medical expenses and $30,000 for attorney fees.  The net balance of $65,000.00 will be deposited into a blocked account. 

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 30% 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 15 years old, so the Court will require Claimant to appear at the hearing along with Petitioner.  They are encouraged to appear remotely.  If the Court is satisfied with Petitioner’s and Claimant’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 23^rd day of February 2023