Judge: David B. Gelfound, Case: 25CHCV00248, Date: 2025-05-09 Tentative Ruling
Case Number: 25CHCV00248 Hearing Date: May 9, 2025 Dept: F49
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Dept.
F49 |
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Date:
5/9/25 |
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Case
Name: Marcelo Cannon, and Marcelo Cannon on behalf of the minor Delilah
Cannon v. Linda Sara Damore, and Does 1 to 10 |
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Case No.
25CHCV00248 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
MAY 9, 2025
PETITION FOR EXPEDITED APPROVAL
OF COMPROMISE OF CLAIM FOR MINOR
Los Angeles Superior Court Case No. 25CHCV00248
Petition filed: 4/16/25
MOVING PARTY: Plaintiff and Petitioner Delilah Cannon, a minor, by and
through her Guardian ad Litem, Marcelo Cannon
RESPONDING PARTY: None.
NOTICE: OK. (Proof of service filed on 5/5/25, indicating that
service was made via fax upon Defendant’s insurance company on 4/24/25)
RELIEF REQUESTED: the Court’s approval of the settlement that minor Plaintiff,
Deliliah Cannon, reached with Defendant Linda Sara Damore.
TENTATIVE RULING: The petition is GRANTED.
BACKGROUND
This action arises from
personal injuries allegedly sustained by Plaintiffs as a result of an
automotive collision that occurred on December 8, 2023.
On January 22, 2025,
Plaintiffs Delilah Cannon, a minor, by and through her Guardian ad Litem (GAL)
Marcelo Cannon (collectively, “Plaintiffs”) filed a Complaint against
Defendants Linda Sara Damore (“Damore” or “Defendant”) and Does 1 to 10,
alleging two causes of action: (1) motor vehicle liability, and (2) general
negligence.
On January 23, 2025, the
Court granted Plaintiffs’ application for appointment of GAL, appointing
Marcelo Cannon (“Marcelo”) as the GAL for Delilah Canon (“Delilah”)
On
April 16, 2025, Plaintiffs filed the instant Expedited Petition to Approve
Minor’s Compromise (the “Application”). On May 5, 2025, Plaintiffs filed a
proof of service.
No Opposition papers have been
received by the Court.
ANALYSIS
This is an expedited petition
without a hearing, which is permitted under California Rules of Court, Rule
7.950.5, so long as 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.¿
A.
Petition for
Approval of Minor’s Compromise
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Rule/Requirement/Component |
Application |
Comments |
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Claimant (minor) |
Delilah Cannon |
DOB:1/26/12, age: 13 |
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Settlement (Total) |
$10,000.00 (MC-350EX ¶ 11.) |
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Guardian ad litem |
Marcelo Cannon |
Parent. Order granted for Appointment of GAL for the
minor claimant on January 23, 2025. |
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Injuries |
“Delilah
suffered sprains to her neck and upper back”. (MC-350EX ¶ 7.) |
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Medical treatment received? |
Physio-chiropractic treatment and xrays (MC-350EX ¶ 8.) |
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Completely healed of injuries? |
Yes (MC-350EX ¶ 9a) |
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Medical Expenses Incurred (Total) |
$2,263.00 (MC-350EX ¶ 13a(1)) |
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Medical Bills (Documentation) |
Yes. (MC-350EX,
Attach. 13g is included.) |
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Outstanding medical payments owed from proceeds |
$1,800.00 (MC-350EX ¶ 13a(4)) |
In satisfaction
of one medical liens for 14 chiropractic treatment sessions at Jon Fields, DC
clinic and 3 x-rays. (MC-350EX, Attch. 13a.) |
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Provider Liens (Documentation) |
Yes (MC-350EX ¶ Attach. 13a.) |
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Negotiated medical expense Reductions? |
$ 463.00 (MC-350EX ¶ 13a(3)) |
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Documentation of lien reductions |
Information is not provided in MC-350EX Attach. 13c(2).) |
See Attachment 13(a) |
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Attorney Fees |
$2,500.00 (25% of $10,000.00) |
The Court finds the amount for attorney’s fees to be reasonable. |
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Declaration of fees and copy of retainer (Cal. Rules
Court, rule 7.955(b).) |
Yes. (MC-350EX Attach. 14, 14a) |
Copy of Retainer is included. (MC-350EX Attach. 14(a)) |
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Litigation Costs |
$0.0 (MC-350EX ¶ 14b) |
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Total to be paid to minor |
$5,700.00 (MC-350EX ¶ 19b) |
To be deposited
in a blocked account belongs to the claimant: Bank of America
-Canoga Park 22004 Sherman
Way Canoga Park, CA
91304 |
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Disposition |
GRANT |
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Petitioner
filed a proof of service on May 5, 2025, establishing that the petition papers
were served on Defendant’s insurer, GEICO Insurance, via facsimile on April 24,
2025. This filing remedies the issue noted in the Court’s April 29, 2025,
Minute Order regarding the absence of a filed proof of service.
Accordingly, the Court GRANTS the petition.
CONCLUSION
The Petition for Expedited Approval of Compromise of
Claim for Minor is GRANTED.
Moving party to give notice.