Judge: Audra Mori, Case: 22STCV31844, Date: 2023-02-09 Tentative Ruling

Case Number: 22STCV31844    Hearing Date: February 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Allison Jean Diggins (“Plaintiff”), a minor by and through her guardian ad litem, Kevin Patrick Diggins (“Petitioner”), filed this action against Defendant Lalah Lynn Tew (“Defendant”) for damages arising from a motor vehicle accident.  Defendant allegedly negligently crashed into a vehicle in which Plaintiff was a passenger and also crashed into third party Enrique Mullins’ vehicle.  Plaintiff suffered headaches, nervousness, anxiety, and inability to sleep as a result of the accident.  Plaintiff has now recovered completely from the effects of the injuries. 

Plaintiff, by and through her guardian ad litem and attorney of record, has agreed to settle all claims with Defendant for the total amount of $9,500.00.[1]  Petitioner, who is Plaintiff’s father, provides that he and Plaintiff’s mother, Mayra Diggins, also made claims against Defendant for the accident.  Plaintiff’s parents are to receive $12,000 total from Defendant, and $18,000 under their uninsured motorist provision in their insurance policy.  Further, Petitioner provides Mullins is to receive $15,000 for his claim against Defendant. 

Pertaining to Plaintiff, if the settlement is approved, $350.00 will be used for medical expenses, $2,375.00 for attorney fees, and $842.36 will be used for costs.  The net balance of $5,932.64 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, Plaintiff and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Plaintiff herein is only ten years old and was only seven when the incident occurred.  The Court finds Plaintiff’s age constitutes good cause to excuse her appearance.  Only Petitioner is 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 9^th day of February 2023