Judge: Cherol J. Nellon, Case: BC723286, Date: 2023-04-12 Tentative Ruling

Case Number: BC723286    Hearing Date: April 12, 2023    Dept: 28

Petition for Approval of Minor’s Compromise

Having considered the moving papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

            On September 27, 2018, Plaintiffs Maryame Kanouni, Malak Fatall, and Mohammed Fatall (collectively “Plaintiffs”) filed a complaint against Jessica Chisun Suk (“Defendant”).  Defendant’s car allegedly hit Plaintiff Kanouni, who was pushing her daughter, Plaintiff Malak Fatall in a stroller.

            On March 20, 2023, Petitioner Maryame Kanouni (“Petitioner”) filed a petition to approve a compromise of pending action on behalf of minor Claimant Malak Fatall (“Claimant”). 

            The trial date is vacated.

PARTY’S REQUESTS        

            Petitioner asks the Court to approve a compromise of pending action on behalf of minor Claimant.

DISCUSSION

Defendant has agreed to settle the claim for the total amount of $795,000.00, $45,000.00 of which is to be paid to Claimant.  If the settlement is approved, $18,000.00 will be used for attorney’s fees and $1,449.95 will be used for other non-medical expenses, leaving a balance of $25,550.05 for Claimant.  The balance is to be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the Court.

The Court finds the petition cannot be approved for two reasons.  First, item 11b.(4) should be checked since Petitioner would receive $700,000 under the proposed settlement.  Second, attachment 11b.(6) is missing.

Accordingly, the petition is DENIED.  

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.  The Court finds Claimant’s age constitutes good cause to excuse their appearance.  Petitioner only is required to appear; Petitioner is encouraged to appear remotely. 

CONCLUSION

            The petition is DENIED. 

            Petitioner is ordered to give notice of this ruling.

            Petitioner is ordered to file the proof of service of this ruling with the Court within five days. 

The parties are directed to the header of this tentative ruling for further instructions.