Judge: Bruce G. Iwasaki, Case: 24STCV19859, Date: 2025-02-19 Tentative Ruling

Case Number: 24STCV19859    Hearing Date: February 19, 2025    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             February 19, 2025

Case Name:                Urquiza v. Dietz

Case No.:                    24STCV19859

Motion:                       Petition to Approve Compromise of Pending Action on Behalf of Minors

Moving Party:             Plaintiff Jessica Urquiza on behalf of Jessibelle Mendoza Urquiza

Opposing Party:          None

            This is a car accident case. Plaintiffs Jessibelle Mendoza Urquiza, Jorge Mendoza, and Jessica Urquiza sued Defendant Christina Hope Dietz for (1.) motor vehicle, and (2.) general negligence.

            Plaintiffs have settled this case with Defendant for $500,000. Plaintiff/Petitioner now seeks approval of a compromise of the claims on behalf of the minor, Plaintiff Jessibelle Mendoza Urquiza.

Discussion

            Court approval is required for all settlements of a minor’s claim. (Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) California Rules of Court, rule 7.950 provides that a petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.” The Petition must be filed on Judicial Council Form MC-350 and must be fully completed. 

            The Petition is properly filed on the Judicial Council form and is verified. Petitioner has also submitted the requisite attachments with the Petition.  

            Of the $500,000 in settlement funds, Adult Plaintiffs will receive $495,000. $5,000 will also be allocated for the claims of the minor Plaintiff, Jessibelle Mendoza Urquiza. This amount compensates minor Plaintiff for her emotional distress. Additionally, $600 in medical expenses will be paid from this settlement amount; the Petition indicates that minor claimant has recovered completely from the effects of her injuries. (Pet., ¶ 8(a).)

            Plaintiff’s counsel seeks attorney fees in the amount of $1,250 from minor Plaintiff claimant, which is approximately 25% of the settlement amount, plus costs of $193.94. (See Pet., ¶¶ 13-16; Naim Decl., ¶¶ 6-14.)

The Court finds that the amount allocated to minor Plaintiff and the amount requested in attorney fees is reasonable. Petitioner has satisfied all of the procedural and substantive requirements. Therefore, the petition is granted.