Judge: Audra Mori, Case: BC707092, Date: 2022-08-11 Tentative Ruling

Case Number: BC707092    Hearing Date: August 11, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Ariella Moore (“Ariella”) and Leana Moore (“Leana”) (collectively, the “Minor Claimants”), by and through their guardian ad litem, Larissa Moore (“Petitioner”) filed this action against Defendant, Rohem Nahum (“Defendant”) for damages arising from a motor vehicle accident.  Defendant collided with the vehicle the Minor claimants were passengers in.  The Minor Claimants suffered headaches, backpain, neck pain, anxiety, nervousness, and dizziness; both have now recovered completely from the effects of the injuries. 

The parties have agreed to settle the case for the total amount of $70,000.00, with $36,000 being apportioned to Ariella, and $34,000 to Leana.  Pertaining to Ariella, if the settlement is approved, $6,043.93 will be used for medical expenses, $9,000 for attorney’s fees, and $2,726.90 for costs.  The net balance of $18,229.17 will be deposited into a blocked account. 

Pertaining to Leana, if the settlement is approved, $5,350 will be used for medical expenses, $8,500.00 for attorney’s fees, and $2,696.90 for costs.  The net balance of $17,453.10 will be deposited into a blocked account. 

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 25% of each Minor Claimants’ settlement amount. 

However, while Petitioner submitted a proposed order to approve settlement (Judicial Council Form MC-351) and a proposed order to place funds in a blocked account (Judicial Council Form MC-355) with the petition pertaining to Leana, Petitioner did not file either proposed order with the petition for Ariella.  The hearing date will be continued for Petitioner to provide the proposed orders for Ariella’s petition. 

Pursuant to CRC 7.952, the Minor Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Ariella herein is 15 years old, and Leana is 14 years old.  The court will thus require the Minor Claimants and Petitioner to appear; they are encouraged to appear remotely at the continued hearing date.  The hearing on the instant petitions is continued to ________________________ at 1:30 p.m. 

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 11^th day of August 2022