Judge: Gary Y. Tanaka, Case: 19STCV07963, Date: 2022-10-24 Tentative Ruling

Case Number: 19STCV07963    Hearing Date: October 24, 2022    Dept: B

PROCEEDINGS

Zixiang “Leo” Lin v. Palos Verdes Peninsula Unified School District, et al.

19STCV07963

1. Petitioner Na “Jessica” Li’s Petition to Approve Compromise of Pending Action of Minor (Zixang “Leo” Lin)   

        

   TENTATIVE RULING

           

               Petitioner Na “Jessica” Li’s Petition to Approve Compromise of Pending Action of Minor (Zixang “Leo” Lin) is granted.

    

               Background

    

               Plaintiff filed his Complaint on January 17, 2019. Plaintiff’s operative Fourth Amended Complaint was filed on August 27, 2020. Plaintiff alleges the following facts. Plaintiff was bulled and physically attacked by fellow students while attending Palos Verdes Intermediate School.  One of the campus supervisors, Defendant Teresa Bello, also threatened Plaintiff with physical attack. Plaintiff alleges the following causes of action: 1. Negligence; 2. IIED; 3. Assault; 4. Battery; 5. Negligence.

    

               Petition to Approve Compromise of Pending Action of Minor

    

               A claim by or against a minor may be settled through compromise only with the approval of the court.  A petition for approval must be presented to the court by the minor’s guardian.  CCP § 372; Probate Code Secs. 2500-2507; 3413-3605.

    

               The court should consider the following factors: the circumstances of the accident, particularly the facts bearing on the payor’s liability and the minor’s damages; the amount of the proposed settlement; the method of payment; the nature of the injury and the minor’s current medical status (the petition should include a recent medical report); and the amount of attorney’s fees being requested.  Before the hearing, the court should make a preliminary determination of whether the proposed settlement and the method of payment appear reasonable in relation to the potential liability and the nature and extent of injuries.  It is especially important to determine whether the minor’s condition is permanent, and whether it is stable or likely to worsen.  The court should also make a preliminary determination as to whether the costs, expenses, and attorneys’ fees appear reasonable. 

    

               The proposed petition for compromise of the pending action and the proposed disposition of the proceeds of the settlement funds are hereby approved.

    

               Petitioner is ordered to give notice of this ruling.