Judge: Daniel M. Crowley, Case: 21STCV23566, Date: 2022-08-17 Tentative Ruling

Case Number: 21STCV23566    Hearing Date: August 17, 2022    Dept: 28

CASE NUMBER:  19STCV24930                                                  

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Expedited Petition to Approve Compromise of Pending Action of a Minor, Ava J. Carino, Age 8, and Nia Carino, Age 7.

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TENTATIVE:  GRANTED.

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FACTS:  Claimants Ava J. Carino (“Ava”) and Nia N. Carino (“Nia”) were traveling as passengers in a vehicle when Defendant Jorge Paez (“Paez”) rear ended their vehicle. Neither claimant sustained injuries.

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Bryce Carino (“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.

NAME: Ava J. Carino

SETTLEMENT:  $1,000.00

INJURIES:  N/A

MEDICAL EXPENSES:  $0.00

COSTS:  $0.00

ATTORNEY’S FEES:  $250.00, which is 25% of the gross settlement. (listed under costs section).

BALANCE OF PROCEEDS: $750.00.

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NAME: Nia Carino

SETTLEMENT:  $1,000.00

INJURIES:  N/A

MEDICAL EXPENSES:  $0.00

COSTS:  $0.00

ATTORNEY’S FEES:  $250.00, which is 25% of the gross settlement. (listed under costs section).

BALANCE OF PROCEEDS: $750.00.

DISCUSSION:

            Petitioner has submitted completed applications with all applicable attachments. The Court thus approves the petitions.

Petitioner requested that the net balance for both claimants be deposited in insured accounts at Wells Fargo Bank, 8345 Firestone Blvd, Downey, CA 90241. The Court approves this request.