Judge: Gary I. Micon, Case: 24CHCV00792, Date: 2024-04-11 Tentative Ruling
Case Number: 24CHCV00792 Hearing Date: April 11, 2024 Dept: F43
Dept.
F43
Hearing
Date: 4-11-24
Case:
#24CHCV00792, Maximus Salcido, et al. vs. Christopher Kelly
Trial Date: N/A
PETITION FOR MINORS COMPROMISE
MOVING
PARTY: Plaintiff Maximus Salcido, by and through Guardian Ad Litem Joshua
Salcido
RESPONDING
PARTY: None
RELIEF
REQUESTED
Minor’s
Compromise
RULING: Petition for
minor’s compromise is approved.
SUMMARY
OF ACTION
On
February 8, 2024, Plaintiff Maximus Salcido witnessed a collision between
Defendant Christopher Kelly, who was driving a car, and his sister and father,
who were pedestrians. Maximus suffered emotional distress because he witnessed
the accident. On March 11, 2024, Plaintiffs filed their complaint.
Plaintiff Joshua Salcido, Maximus’s father, submits a petition
for approval for minors compromise on behalf of Maximus (7) for a settlement with
Defendant Christopher Kelly for $100,000. Petitioner represents total deductions
of $26,750.00 as follows: $1,750.00 in medical expenses, and $25,000.00 in
attorney fees (25%), thereby leaving a net balance of $73,250.00.
The payment will be deposited into a blocked account.
(Probate Code §§ 3610, 3611(b).)
Proof of service by mail was filed
with the petition on March 15, 2024. The petition and proposed order were filed
on the MC-350 and MC-351 forms. The petition complies with CCP § 372; Probate
Code §§ 3500, 3600-3613; and Cal. Rules of Court Rules 3.1384, 7.101,
7.950-7.952. The proposed order for the blocked account was filed on the MC-355
form.
The Court approves the Petition to
Confirm Minor’s Compromise filed on behalf of Maximus Salcido.
The Court will set a hearing to verify the deposit of funds
into the blocked account.
Moving party to give notice.