Judge: Daniel M. Crowley, Case: 21STCV33344, Date: 2022-08-10 Tentative Ruling

Case Number: 21STCV33344    Hearing Date: August 10, 2022    Dept: 28

CASE NUMBER:  21STCV33344                                                  


Expedited Petition to Approve Compromise of Pending Action of a Minor, Eva Vizcarra, Age 5

FACTS:  Claimant Eva Vizcarra (“Claimant”) alleges she was injured while walking in a crosswalk with her mother when Defendant Phillip Myron Long (“Defendant”) struck them with his vehicle. Claimant allegedly experienced head pain, swelling of both legs and loss of consciousness. Claimant was hospitalized for two days with a grade 4 liver laceration, skull fracture and cerebral concussion.

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Adrianna Carrillo (“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:  $22,500.00

INJURIES:  Head pain, swelling of both legs, loss of consciousness, grade 4 liver laceration, skull fracture and cerebral concussion. 

 

MEDICAL EXPENSES:  $8,329.33

COSTS:  $216.33

ATTORNEY’S FEES:  $5,625.00, which is 25% of the gross settlement.

BALANCE OF PROCEEDS: $8,329.34

DISCUSSION:

Petitioner has submitted a completed petition with all applicable attachments and has fixed previously identified issues. As such, the Court grants the petition.

Petitioner requests that the net balance be deposited in an insured account at Chase Bank, 10221 Compton Avenue, Suite 100, Los Angeles, California 90002. The Court approves of this request.