Judge: Daniel M. Crowley, Case: 20STCV19777, Date: 2022-08-26 Tentative Ruling

Case Number: 20STCV19777    Hearing Date: August 26, 2022    Dept: 28

CASE NUMBER:  20STCV19777                                                  

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Expedited Petition to Approve Compromise of Pending Action of a Minor, John Sebastian King, Age 4

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TENTATIVE:  GRANT

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FACTS:  Claimant John Sebastian King(“Claimant”) was injured while playing on Defendant’s subject premises at a park. Another child pushed a rock off the top of a log obstacle, landing on Claimant’s hand. As a result of the incident, Claimant sustained fractures to two fingers.

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Sebastian King (“Petitioner”) uses the required Judicial Council forms and meets certain conditions.  The settlement must not exceed $50,000.  The conditions are:

¿ Petitioner is represented by an attorney.

¿ The claim is not for wrongful death.

¿ Settlement proceeds will not be placed in a trust.

¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.

¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith

¿ The settlement, exclusive of interests and costs, is $50,000 or less

¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all

proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.

¿ AND the court does not otherwise order.

SETTLEMENT:  $10,000.00

INJURIES:  Fractures to two fingers

MEDICAL EXPENSES:  $1,507.1

COSTS:  $5,492.49

ATTORNEY’S FEES:  $0, which is 0% of the gross settlement.

BALANCE OF PROCEEDS: $3,000.00

DISCUSSION:

The Court notes that Petitioner’s Section 13 does not align with the information provided. In Section 13(a)(4), Petitioner identified there is $750.00 in medical expenses to be paid or reimbursed from the proceeds. However, Petitioner identifies $757.51 is owed to Medi-Cal and $750.00 is owed to other medical service providers. Section 17 indicates medical expenses to be paid totals $1,507.51, which aligns with the amount owed to Medi-Cal and other service providers.  Nonetheless, because the final number is correct, the Court will grant the application.