Judge: Deirdre Hill, Case: 23TRCV00259, Date: 2023-03-03 Tentative Ruling
ALERT
Due to Coronavirus, please consider appearing by phone for Department M cases.
Department M strongly encourages the use of LA CourtConnect* for ALL hearings, without need for prior approval, unless live testimony by a witness is required.
The contact information for LA CourtConnect* is:
https://lacourt.portalscloud.com/VCourt/
*Parties with a fee waiver on file may be eligible to appear at no/reduced cost
Dept. M issues tentative rulings in many, but not all motion hearings. There is no set time at which tentatives are posted. Please do not call the staff to inquire if a tentative will be posted.
If parties are satisfied with the ruling, parties may submit on the tentative. However, if an opposing party does not submit, they will be permitted to argue. Please check with the other side before calling the courtroom to submit. The staff does not keep track of which parties submitted and which did not, so please do not ask.
If a matter is also a scheduling hearing (CMC, TSC, OSC etc) an appearance is still required even if a party submits on the tentative ruling.
Case Number: 23TRCV00259 Hearing Date: March 3, 2023 Dept: M
|
Superior Court
of Southwest
District Torrance Dept. M |
|||
|
LIAN
ARATH GALEANA ARAUJO, |
Plaintiff, |
Case No.: |
23TRCV00259 |
|
vs. |
|
[Tentative]
RULING |
|
|
MANOJAM
KUZKY-RAJAPPAN, |
Defendant. |
|
|
|
|
|
|
|
Hearing
Date: March 3,
2023
Moving
Parties: Petitioner Rafaela Araujo Rodriguez
Responding
Party: None
Petition to Approve
Compromise of Pending Action of Minor
The court considered the moving
papers.
RULING
The court is
inclined to grant petitioner’s Petition to Approve Compromise of Pending Action
on behalf of minor claimant Lian Arath Galeana Araujo.
Pursuant to
California Rules of Court, Rule 7.952(a), petitioner and minor claimant are
required to attend the hearing on the petition but the court dispenses with the
requirement as to minor claimant based on the amount in settlement.
BACKGROUND
On January 30, 2023, plaintiff Lian
Arath Galeana Araujo, a minor by and through guardian ad litem, Rafaela Araujo
Rodriguez, filed a complaint against Manojam Kuzky-Rajappan for motor vehicle
negligence. Plaintiff alleges that on
February 11, 2022, plaintiff was walking in a crosswalk on southbound Carson
St. towards Denker Avenue. At the same
time and place, defendant made a left turn from Denker Avenue onto Carson
Street and struck plaintiff resulting in severe injuries.
DISCUSSION
The court has
reviewed the petition and finds the settlement terms to be fair and reasonable. According to the petition, minor claimant and
her parent were walking in a crosswalk when they were both struck by
defendant’s vehicle. Minor claimant
suffered a scratch and cut on forehead; neck, hand, shoulder, tibia/fibula and
left ankle pain; headaches; and anxiety.
She has recovered completely from the effects of the injuries and there
are no permanent injuries.
The parties settled
for $9,220. The total amount of
attorney’s fees is $2,305, attorney’s costs of $683.98, and $514.53 in medical
expenses, leaving a balance of $5,716.49 to be deposited into a blocked
account. Minor claimant’s parent
sustained more severe injuries and was apportioned $50,000.
The court is
inclined to grant the petition.