Judge: Daniel M. Crowley, Case: 20STCV24466, Date: 2023-03-07 Tentative Ruling

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Case Number: 20STCV24466    Hearing Date: March 7, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Lola Brackin filed by Petitioner Reid Brackin

Having considered the petitioning papers, the Court rules as follows.

BACKGROUND

On June 29, 2020, Plaintiffs L.B. and Reid Brackin (“Brackin” or “Petitioner”) filed this action against Defendants Primo Water Operations, Inc. (“PWO”), Walmart Inc. (“Walmart”), Midea Home Appliances (U.S.A.), Inc. (“MHA”), Midea Logistics, Inc. (“ML”), Midea Master Distribution Inc. Of North California (“MMD NC”), Midea Master Distribution, Inc. (“MMD”) and Sisa US Midea Holdings, Inc. (“SUMH”) for products negligence, strict products liability, breach of express warranty and breach of implied warranty.

On September 23, 2020, Walmart filed an answer. On October 23, 2020, PWO filed an answer.

On February 2, 2023, Petitioner submitted a Petition for Approval of Minor’s Compromise to be heard on March 9, 2023.

There is no currently scheduled trial date.

PARTY’S REQUESTS

Petitioner Reid Brackin asks the Court to approve the compromise of the pending action on behalf of Plaintiff Lola Brackin.

DISCUSSION

Petitioner’s application is incomplete. In Section 12(a), Petitioner left sections 3-5 blank, indicating there were no reductions, no medical expenses to be paid or reimbursed and no liens. However, in Section 16(b), Petitioner indicates that $661.18 is expected to be paid or reimbursed.

Additionally, given the limited litigation this case required, the Court will not award attorney’s fees exceeding 25%.

Based on the above, the Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Lola Brackin filed by Petitioner Reid Brackin is DENIED.

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.