Judge: Christian R. Gullon, Case: 23PSCV00167, Date: 2023-10-31 Tentative Ruling

Case Number: 23PSCV00167    Hearing Date: October 31, 2023    Dept: O

Tentative Ruling

Petitioner Richard Albanese’s PETITION FOR APPROVAL OF COMPROMISE OF CLAIIN OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR is GRANTED.

Background

This case arises from a motor vehicle accident.

On January 20, 2023, Plaintiffs ALEXA MIA ALBANESE (“Alexa”), AARON ALBANESE (“Aaron” or “Claimant”), a minor by and through their guardian ad litem, Richard Albanese (“Petitioner”), filed suit against Defendant Megan Frances Kaffunger (“Defendant”) for motor vehicle and negligence causes of action.

On March 16, 2023, Defendant filed her answer.

On June 6, 2023, Plaintiffs filed a Notice of Settlement.

On September 29, 2023, Plaintiffs filed the instant petition.

Legal Standard

CCP §372(a)(1) provides: 

When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.”

Discussion

Petitioner brings forth the petition on behalf of Aaron, who is a minor. As a result of the 1/14/2022 accident wherein Defendant rear-ended Alexa’s vehicle, the claimant has suffered injuries to his neck, upper-middle back, left knee, whiplash (Petition p. 2 of 65 of PDF) and minor second degree burn on her fingers and the palms of her hands (Petition p. 50 of 65 of PDF). (Alexa is Aaron’s sibling and they were driving in Alexa’s vehicle.)

Defendant has offered to pay Claimant a lump sum of $27,000.00. After certain expenses (medical, attorney fees, and other costs), $12,620.63 will be allocated to Claimant, which will be placed in a blocked account.

As there are no defects with the petition, it is granted.

Conclusion

Based on the foregoing, the petition is granted.