Judge: David B. Gelfound, Case: 23CHCV01229, Date: 2024-02-28 Tentative Ruling

Case Number: 23CHCV01229    Hearing Date: February 28, 2024    Dept: F49

Dept. F49

Date: 2/28/24

Case # 23CHCV01229

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F2349

PETITION FOR APPROVAL OF COMPROMISE OF PENDING ACTION FOR MINOR

Motion filed: 11/21/23

MOVING PARTY: Jennifer Berent (“Petitioner”)

RESPONDING PARTY: none 

NOTICE: ok

RELIEF REQUESTED: An order approving compromise for minor Claimant Lucas Berent (“Claimant”)

TENTATIVE RULING: The petition is GRANTED.

BACKGROUND

On April 26, 2023, Claimant Lucas Berent, by and through his Guardian Ad Litem, Jennifer Berent (“Petitioner”) filed this action, alleging negligence against Defendant Sulphur Springs Union School District (“Defendant”) and Does 1 through 100. The Complaint alleges that Claimant sustained injuries from multiple instances of bullying and assault by a classmate while attending Defendant’s school. On June 15, 2023, Defendant filed its Answer.

On November 21, 2023, Petitioner filed the instant petition.

No opposition has been received.

ANALYSIS

An enforceable settlement of a minor’s claim or that of a person lacking the capacity to make decisions can only be consummated with court approval.  (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Sup.Ct. (2012) 202 Cal.App.4th 1333, 1337.)  “[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 pursuant to Code of Civil Procedure section 372 must comply with California Rules of Court, Rules 7.950, 7.951 and 7.952.

California Rules of court, Rule 7.950 provides, in relevant part, “[a] petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor’s disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).”  (Cal. Rules of Court, Rule 7.950.)

A.    Compromise for Minor

NAME OF MINOR(S):                                  Lucas Berent

NAME OF DEFENDANT(S):                       Sulphur Springs Unified School District

Settlement: …………………………………………….        $ 35,000

Medical Expenses: ………………………………………     $ 0.00

Expenses: …………………………………………..             $ 970.00

Attorneys’ fees:……………………………………….          $ 8,750.00

TOTAL TO BE PAID TO MINOR(S):…………………… $ 25,280.00

1.         General Requirements

·         Petition on Form MC-350?                       Yes

·         Proposed Order on Form MC-351?          Yes

·         Proof of service on other parties?             Yes

2.       Type of injury, medical expenses:

·         Medical records documenting injuries and treatment?        No

·         Negotiated reduction in medical liens?                               No

·         Injuries completely healed?                                                 Yes

3.      Handling of funds

·         How are settlement funds to be disposed of:        Deposited into blocked account

·         Order to Deposit Money into Blocked Account on Form MC-355?  Yes

4.      Attorneys’ Fees and Litigation Costs

·         Attorneys’ fees requested?           Yes

·         If yes, attorney declaration?         Yes

·         Copy of retention agreement?       Yes

·         Litigation costs requested?           Yes

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, as they amount to 28% of the settlement amount. 

CONCLUSION

Petitioner’s Petition for Approval of Compromise for Minor is GRANTED.

Moving party is ordered to give notice of this order.