Judge: Christian R. Gullon, Case: 24PSCV00917, Date: 2025-02-25 Tentative Ruling

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Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.

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Case Number: 24PSCV00917    Hearing Date: February 25, 2025    Dept: O

Tentative Ruling

(1)   MOTION TO SEAL PORTIONS OF PETITIONS TO APPROVE H.G.’S COMPROMISE AND RELATED DOCUMENTS is TBD.

(2)   Amended PETITION FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY is TBD.

The court is concerned with the lack of an SNT in this case. Additionally, the petition and related documents are publicly available; Notwithstanding, for purposes of this ruling, the court will omit settlement numbers.

Background

This case arises from the alleged battery of a minor. Plaintiffs H.G., a minor, by and through his guardian ad litem, AMIRA ABDELAZIM, AMIRA ABDELAZIM and AHMAD GAMADLELDIN (collectively, “parents”) allege the following against Defendants HOWARD J. CHUDLER & ASSOCIATES, LLC dba ALORA BEHAVIORAL HEALTH, HC ASSOCIATES HOLDINGS, LLC, HC ASSOCIATES ACQUISITION, LLC, JARED ANKER: At the time of incident, Plaintiff, who has severe autism, was 16 years old and was being treated with behavioral care by Defendants. Shortly after Defendant Anker began working with Plaintiff, Plaintiff developed unusual and suspicious markings on his ears, and later, his forehead. The parents did not think much of it until, at an in-home session, the parents noticed Anker hitting, punching, and pulling on Plaintiff.

On March 25, 2024, Plaintiffs filed suit for:

1. Negligence

2. Negligent Retention, Supervision, and Training

3. Battery

4. Intentional Infliction of Emotional Distress

5. Violation of The Ralph Act, Civil Code § 51.7

6. Violation of The Bane Act, Civil Code § 52.1

7. Negligent Infliction of Emotional Distress

On November 27, 2024, the instant petition was filed.

On December 30, 2024, the instant motion to seal was filed.

Discussion

According to Counsel Habbas’ declaration in the motion to seal, the terms of the settlement agreement require that Plaintiffs and Plaintiffs’ counsel take all reasonable and necessary steps to maintain the confidentiality of the settlement agreement (and its amount), including that any related documentation be maintained under seal. (Motion, p. 11 of 16 of PDF, Habbas Decl.,  ¶6.) However, the request does not appear to be mutual, but made at the behest of Petitioners’ parents. “In this instance, preserving H.G.’s right to privacy, and protecting him, a person with a disability, from ill-intentioned, third parties, who may seek to benefit from his settlement, overrides any interest of the public in knowing the settlement terms.” (Motion pp. 6-7 of 15 of PDF.)

Despite a special needs trust being appropriate under such circumstances and despite Counsel recommending as much, Plaintiff’s mother elected to not have a special needs trust for the Claimant and requested that the funds are distributed directly to her. (Petition, p. 16 of 28 of PDF, Habbas Decl., ¶6.)

Therefore, without an SNT to manage such a large settlement, the court is hesitant to grant the petition, and as for the motion to seal, Plaintiff’s interests would likely be protected without the documents being sealed.

With that, the court asks Plaintiff’s Counsel to discuss the lack of an SNT.