Judge: Gary I. Micon, Case: 23CHCV03678, Date: 2024-07-18 Tentative Ruling

Case Number: 23CHCV03678    Hearing Date: July 18, 2024    Dept: F43

Dept. F43

Hearing Date: 7-18-24

Case: #23CHCV03678, Grisel Antunez Cabrera, et al. vs. All Outdoor Go Construction, et al.

Trial Date: N/A

MINOR’S COMPROMISE

MOVING PARTY: Plaintiff Brayan Antunez

RESPONDING PARTY: None

RELIEF REQUESTED

Minor’s Compromise

RULING: Petition for minor’s compromise is approved.

SUMMARY OF ACTION

This is a wrongful death case wherein the father of Plaintiff Brayan Antunez was killed in an automobile accident. On December 4, 2023, Plaintiff, through his guardian ad litem Griselda Cabrera Gonzalez, filed his complaint.

On July 5, 2024, Petitioner submitted an amended petition for approval of minor’s compromise on behalf of Brayan Antunez (15) for a settlement with Defendant Outdoor Go Construction for a total of $250,000.00. Petitioner represents total deductions of $88,447.34 as follows: $62,500.00 in attorney fees, and $25,947.34 for expenses; thereby leaving a net balance of $161,552.66.

The settlement exceeds $5,000 and the payment will therefore be deposited into a blocked account. (Probate Code §§ 3610, 3611(b).)

The Minor’s Compromise can be approved. The petition was filed on the MC-350 form. However, no proposed order form MC-351 was filed, so the Court will order Petitioner to submit this form before the compromise is finalized. The petition also complies with CCP § 372; Probate Code §§ 3500, 3600-3613; and Cal. Rules of Court Rules 3.1384, 7.101, 7.950-7.952.

CONCLUSION

The Court approves the Petition to Confirm Minor’s Compromise filed on behalf of Brayan Antunez. The Court orders the Petitioner to submit a proposed order on form MC-351.

The Court will also set a hearing to verify the deposit of funds into the blocked account.

Moving party to give notice.

Dept. F43

Hearing Date: 7-18-24

Case: #23CHCV03678, Grisel Antunez Cabrera, et al. vs. All Outdoor Go Construction, et al.

Trial Date: N/A

MINOR’S COMPROMISE

MOVING PARTY: Plaintiff Melanie Antunez

RESPONDING PARTY: None

RELIEF REQUESTED

Minor’s Compromise

RULING: Petition for minor’s compromise is approved.

SUMMARY OF ACTION

This is a wrongful death case wherein the father of Plaintiff Melanie Antunez was killed in an automobile accident. On December 4, 2023, Plaintiff, through her guardian ad litem Rosa Gutierrez, filed her complaint.

On July 5, 2024, Petitioner submitted an amended petition for approval of minor’s compromise on behalf of Melanie Antunez (4) for a settlement with Defendant Outdoor Go Construction for a total of $250,000.00. Petitioner represents total deductions of $88,447.34 as follows: $62,500.00 in attorney fees, and $16,955.66 for expenses; thereby leaving a net balance of $170,544.34.

The settlement exceeds $5,000 and the payment will therefore be deposited into a blocked account. (Probate Code §§ 3610, 3611(b).)

The Minor’s Compromise can be approved. The petition was filed on the MC-350 form. However, no proposed order form MC-351 was filed, so the Court will order Petitioner to submit this form before the compromise is finalized. The petition also complies with CCP § 372; Probate Code §§ 3500, 3600-3613; and Cal. Rules of Court Rules 3.1384, 7.101, 7.950-7.952.

CONCLUSION

The Court approves the Petition to Confirm Minor’s Compromise filed on behalf of Melanie Antunez. The Court orders the Petitioner to submit a proposed order on form MC-351.

The Court will also set a hearing to verify the deposit of funds into the blocked account.

Moving party to give notice.