Judge: Audra Mori, Case: BC686954, Date: 2022-08-31 Tentative Ruling

Case Number: BC686954    Hearing Date: August 31, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Amy Stock (“Stock”), Joshua Steiner (“Petitioner”), and Naomi Steiner (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendant Garrin Taled Yabuta (“Defendant”) for damages arising from a motor vehicle accident.  Claimant suffered neck and upper/mid-back sprains and thigh pain with headaches; she has now recovered completely from the effects of the injuries. 

The parties have agreed to settle the case for the total amount of $63,500.00, with $20,000 being apportioned to Stock, $40,000.00 to Petitioner, and $3,500 to Claimant.  Pertaining to Claimant, if the settlement is approved, $700 will be used for medical expenses and $875 for attorney’s fees.  Petitioner proposes to have the net balance of $1,925 transferred to a custodian, Petitioner, for the benefit of the minor under the California Uniform Transfer to Minors Act. 

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 15 years old, and thus, the Court will require both Claimant and Petitioner to appear at the hearing; they are encouraged to appear remotely.  Petitioner wishes to have the entire balance of the settlement transferred to him per the Uniform Transfer to Minors Act.  The Court wishes to ensure that Petitioner is aware of Probate Code § 3912, which defines the duties of the custodian of money per the Act.  The Court will not permit Petitioner to receive the funds in this manner unless Petitioner appears and testifies to the satisfaction of the Court that Petitioner is aware of Petitioner’s duties under the Probate Code and is prepared to comply with those duties.  If the court is satisfied with Claimant’s and 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 31^st day of August 2022