Judge: David B. Gelfound, Case: 22CHCV00865, Date: 2024-07-19 Tentative Ruling

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Case Number: 22CHCV00865    Hearing Date: July 19, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE

Motion filed: 6/26/24

MOVING PARTY: Petitioner Elide Romero, on behalf of minor Claimant Jayden Madera (“Petitioner”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order granting Plaintiff’s Expedited Petition to Approve Minor’s Compromise filed on June 26, 2024 (the “Petition”)

TENTATIVE RULING: The Petition is GRANTED.

BACKGROUND

This case arises from alleged personal injury and damages sustained by Plaintiffs as the result of a motor vehicle collision that occurred on July 2, 2022.

On October 12, 2022, Plaintiffs Elide Romeo and Elizier Romeo (“Plaintiffs”) filed their Complaint against Defendants Mane Matinyan (“Matinyan”), Garrett Holden Hixon, Michelle Hixon (collectively, “Hixons”), and Does 1 to 30, alleging: (1) Motor Vehicle Liability, and (2) General Negligence. Subsequently, Defendants Hixons and Matinyan filed their respective Answers to the Complaint on December 2, and 7, 2022, respectively.

On December 2, 2022, Defendants/Cross-Complainants Hixons filed their Cross-Complaint against Defendant/Cross-Defendant Matinyan for (1) Indemnification, and (2) Apportionment of Fault. Subsequently, on January 27, 2023, Defendant/Cross-Defendant Matinyan filed an Answer to the Cross-Complaint.

On February 2, 2024, Plaintiffs submitted a Request for Dismissal, dismissing with prejudice Defendants Hixons and the Cross-Complaint. The request was subsequently entered by the Clerk on the same day.

On June 26, 2024, Plaintiffs filed the instant Expedited Petition to Approve Minor’s Compromise (the “Petition”).

On July 9, 2024, the Court set the Petition for hearing for July 19, 2024, pursuant to California Rules of Court rule 7.950.5(c)(3) and Probate Code section 3505.

No Opposition papers have been received by the Court.

ANALYSIS

“[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests…[I]ts¿primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.” (Goldberg v. Sup. Ct.¿(1994) 23 Cal.App.4th 1378, 1382.)¿ 

¿ 

A petition for court approval of a compromise or covenant not to sue under¿Code of Civil Procedure¿section¿372 must comply with California Rules of Court, rules¿7.950, 7.951, and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant.¿(Cal. Rules of Court, rule¿7.950.)¿The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance.¿(Cal. Rules of Court, rule¿7.952.)¿ 

¿ 

An order for deposit of funds of a minor or person lacking decision making capacity and a petition for the withdrawal of such funds must comply with¿California Rules of Court, rules¿7.953 and 7.954.¿(Cal. Rules of Court¿3.1384; see¿also¿Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.)¿ 

¿ 

Notwithstanding the provisions of Rule 7.950, a petitioner may fully complete form MC-350EX to expedite their petition for approval of a minor’s compromise where:¿(1) The petitioner is represented by an attorney authorized to practice in the courts of this state; (2) The claim is not for damages for the wrongful death of a person; (3) No portion of the net proceeds of the compromise, settlement, or judgment in favor of the minor or disabled claimant is to be placed in a trust; (4) There are no unresolved disputes concerning liens to be satisfied from the proceeds of the compromise, settlement, or judgment; (5) The petitioner's attorney did not become involved in the matter at the direct or indirect request of a person against whom the claim is asserted or an insurance carrier for that person; (6) The petitioner's attorney is neither employed by nor associated with a defendant or insurance carrier in connection with the petition;¿¿(7) If an action has been filed on the claim: (A) All defendants that have appeared in the action are participating in the compromise; or (B) The court has finally determined that the settling parties entered into the settlement in good faith; (8) The judgment for the minor or disabled claimant (exclusive of interest and costs) or the total amount payable to the minor or disabled claimant and all other parties under the proposed compromise or settlement is $50,000 or less or, if greater: (A) The total amount payable to the minor or disabled claimant represents payment of the individual-person policy limits of all liability insurance policies covering all proposed contributing parties; and (B) All proposed contributing parties would be substantially unable to discharge an adverse judgment on the minor's or disabled person's claim from assets other than the proceeds of their liability insurance policies; and (9) The court does not otherwise order.¿(California Rules of Court, rule 7.950.5(a).)¿ 

¿ 

The court ordinarily must rule on an expedited petition no more than 35 days after it is filed. (Cal. Rules of Court, rule 7.950.5(b).)¿The expedited petition must be determined by the court without a hearing unless a hearing is requested by the petitioner at the time the expedited petition is filed, an objection or other opposition to the petition is filed by an interested party, or a hearing is scheduled by the court¿on its own motion or where it decided not to grant an expedited petition in full as requested. (Cal. Rules of Court, rule 7.950.5(c).)¿ 

A.    Expedited Petition to Approve Minor’s Compromise

Here, Petitioner sets out the following information in the Petition.

Minor – Jayden Madera, 11 years old

Parent – Elide Romero

Defendants – Mane Matinyan, and Garrett Holden Hixon and Michelle Hixon

Settlement:                  $6,500.00

Attorney’s Fees:          $1,625.00

Litigation Costs:         $15.52

Medical Bills:              $675.00

TOTAL TO BE PAID TO MINOR: $4184.48

General Requirements

·         Petition on Form MC-350EX?                     YES 

·         Proposed Order on Form MC-351?          YES 

·         Proof of service on other parties?                 YES 

Type of Injury, Medical Expenses

Minor Claimant Jayden Madera sustained “soft tissue injuries to the neck and lower back” (MC-350EX, ¶ 7.) “The claimant received ... chiropractic therapy.” (Id. ¶ 8.)

·         Medical records documenting injuries and treatment?  Yes.  (MC-350EX, Attach. “9.”) 

·         Negotiated reduction in medical expenses?  Yes.  (MC-350EX, ¶ 13a, Attach “13f(2).”)

·         Injuries completely healed?  Yes, Claimant “has recovered completely from the effects of the injuries described in item 7, and there are no permanent injuries.”  (MC-350EX, ¶ 9(a).)  

Handling of Funds

“There is no guardianship of the estate of the minor ... Petitioner requests that the balance of ... $4184,48 be paid or delivered to a parent of the minor on the terms and under the conditions specified in Probate Code section 3401-3402, without bond.” (MC-350EX, ¶ 19(b).)

Attorneys’ Fees and Litigation Costs 

·         Attorneys’ fees requested?  Yes.  (MC-350EX, ¶ 14; Champion Decl. ¶¶ 11-12.) 

·         If yes, attorney declaration including factors under CRC 7.955(b)?  Yes.  (MC-350EX, ¶ 14;  Champion Decl. ¶¶ 2-6, 10-17.) 

·         Copy of retainer agreement? Yes. 

·         Litigation costs requested?  No. 

·         Itemized?  N/A 

Having reviewed the supplemental papers filed on July 9, 2024, the Court makes the following findings.

-          Petitioner has filed two documents of Proof of Service, demonstrating that Defendants Matinyan and Hixons (dismissed on 2/2/24 but involved as a settling party to the Minor’s Compromise) have been served with the Petition papers.

-          The Court finds that all requirements of the instant Petition have been satisfied.

Accordingly, the Expedited Petition to Approve Minor’s Compromise is GRANTED.

CONCLUSION

The Expedited Petition to Approve Minor’s Compromise, filed on behalf of minor Claimant Jayden Madera, is GRANTED.

Moving party to give notice.