Judge: Daniel M. Crowley, Case: 22STCV06996, Date: 2023-02-06 Tentative Ruling

Case Number: 22STCV06996    Hearing Date: February 6, 2023    Dept: 28

Revised ruling:

Nnamdi Osuji, et al. V. Aline Ferrao Inocencio, et al.

CASE NUMBER:  22STCV06996                                                  

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Expedited Petition to Approve Compromise of Pending Action of a Minor, Nnamdi Osuji, Age 6.

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TENTATIVE:  GRANT

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FACTS:  Claimant Nnamdi Osuji (“Claimant”) was riding as a passenger in a vehicle when Defendant collided with said vehicle, resulting in a three-car collision. As a result of the incident, Claimant struck her head inside of the vehicle.  

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Alissa McGlover (“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 proposed contributing parties would be substantially unable to use assets other than the insurance policy limits ¿ AND the court does not otherwise order.

SETTLEMENT:  $7,500.00

INJURIES:  Head injuries.

MEDICAL EXPENSES:  $78.90

COSTS:  $653.25

ATTORNEY’S FEES:  $1,875.00, which is 25% of the gross settlement.

BALANCE OF PROCEEDS: $4,892.85

DISCUSSION:

            Petitioner did not indicate how Petitioner wants the net balance to be distributed. Petitioner checked every box in Section 19, each of which provides another form of distribution. Only 19(b)(4) provides the actual net balance; however, Petitioner did not attach the required attachment for that distribution. Nonetheless, the Court finds that the order on the petition indicates, “ “Paid to Petitioner Alissa McGlover....to hold the money in trust for the minor’s benefit...”  In addition, Petitioner has executed a Declaration of Assurance pursuant to Probate Code § 3401, indicating that she will hold the money in trust for Nnamdi Osuji until he reaches the age of majority.  The Court will treat the Petition as though only 19(b)(4) were checked and will approve the settlement.