Judge: Christian R. Gullon, Case: 23PSCV02515, Date: 2023-11-06 Tentative Ruling

Case Number: 23PSCV02515    Hearing Date: November 6, 2023    Dept: O

Tentative Ruling

Petitioner Christina Montano’s PETITION FOR APPROVAL OF COMPROMISE OF CLAIIN OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR/CLAIMANT Aliyah Richards is GRANTED.

Background

This case arises from a slip and fall.

On August 17, 2023, Plaintiff ALIYAH RICHARDS, a minor by and through her guardian ad Litem, CHRISTINA MONTANO filed suit against Defendant CHEDRAUI USA, INC for negligence.

On October 20, 2023, the instant petition was filed.

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 Aliyah, who is a minor. As a result of the 2/16/22 accident wherein the minor slipped on a clear liquid substance and fell. She suffered from a right forearm displaced radius shaft re-fracture. Claimant was treated with a closed reduction and long arm case immobilization. The total settlement is $17,500.00. After attorney fees and other expenses, claimant will be entitled to $11,331.91. With no defects noted, the court grants the petition.

Conclusion

Based on the foregoing, the petition is granted.