Judge: Katherine Chilton, Case: 19STLC06912, Date: 2023-01-17 Tentative Ruling
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Case Number: 19STLC06912 Hearing Date: January 17, 2023 Dept: 25
PROCEEDINGS: PETITION
FOR MINOR’S COMPROMISE
MOVING PARTY: Petitioner
Fernando Lemus on behalf of minor Claimant Marlon Mejia Lemus
RESP. PARTY: None
PETITION TO APPROVE COMPROMISE OF PENDING ACTION
(CCP § 372, CRC, rule 7.950.5)
TENTATIVE RULING:
The Petition
for Approval of Minor’s Compromise filed on behalf of minor Claimant Marlon
Mejia Lemus is GRANTED.
SERVICE:
[X]
Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X]
Correct Address (CCP §§ 1013, 1013a) OK
[X]
16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of January
9, 2023. [ ] Late [X]
None
REPLY: None filed as
of January 9, 2023. [ ] Late [X] None
ANALYSIS:
I.
Background
On
July 25, 2019, Plaintiff Fernando Lemus (“Petitioner”) and minor Plaintiff
Marlon Mejia Lemus (“Claimant”) filed an action against Defendants Abencio Q. Martinez
(“Martinez”) and Maria Virgen (“Virgen”) (collectively, “Defendants”). Petitioner was appointed Claimant’s guardian
ad litem on August 16, 2019.
Petitioner’s
first petition to approve minor Claimant’s compromise was filed on December 18,
2019, and was set for hearing for February 13, 2020. Following several continuances, the first
petition was placed off calendar due to Petitioner’s failure to correct errors
noted by the Court. (2-13-20 Minute
Order; 7-1-20 Minute Order; 9-16-20 Minute Order.)
On
January 21, 2021, the date scheduled for Non-Jury Trial, Plaintiffs’ counsel
informed the Court that he intended to schedule a new hearing and re-file a
petition to approve minor’s compromise. (1-21-21 Minute Order.) The Court accepted Plaintiffs’ counsel’s
representation and scheduled an OSC Re: Status of Filing of Petition for
Minor’s Compromise for June 14, 2021. (Ibid.)
At
the June 14, 2021, hearing, the Court found that Petitioner filed a petition
for the approval of minor Claimant’s compromise but did not schedule a hearing.
(6-14-21 Minute Order.) Petitioner was ordered to schedule a hearing
through the Court’s reservation system and refile the Petition. (Ibid.)
On
June 22, 2021, the Court electronically received the Third Amended Petition to
Approve Minor’s Compromise of Pending Action.
On October 19, 2021, the Court noted some inconsistencies in the total
medical bills, negotiated reductions, and outstanding bills to be paid from the
settlement proceeds and ordered Petitioner to file supplemental papers
addressing the noted errors and to serve a copy of the proposed order on Form
MC-351. (10-19-21 Minute Order.) On October 25, 2021, Petitioner filed an
Amended Petition and amended supporting declaration. On November 17, 2021, the Court denied the
Petition without prejudice, as it still contained errors. (11-17-21 Minute Order.) The Court also noted that Petitioner should
ensure that the Petition is completed accurately, and all supporting documents
are attached before re-submitting the Petition.
(Ibid.)
On December 16, 2022, Petitioner
filed the instant Petition for Approval of Minor’s Compromise
(“Petition”). No opposition has been
filed.
II.
Legal
Standard
Court approval is required
for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial
court approval of the proposed compromise of the ward’s claim, the settlement
cannot be valid. [Citation.] [¶] Nor is
the settlement binding [on the minor] until it is endorsed by the trial
court.’” (Pearson v. Superior Court
(2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear
either by a guardian or conservator of the estate or by a guardian ad litem
appointed by the court in which the action or proceeding is pending, or by a
judge thereof, in each case.” (Code Civ. Proc., § 372(a)(1).) Alternatively,
the petitioner may file a declaration demonstrating that he or she has a right
to compromise the minor’s claim under Cal. Probate Code section 3500.
Regarding the substance of the Petition, to obtain court
approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for
approval of the settlement and must disclose ‘all information that has any
bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013)
217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)
Under Probate Code § 3505, if a petition is unopposed,
the Court must issue a decision on the petition at the conclusion of the
hearing.
III.
Discussion
Minor – Marlon Mejia Lemus, 12 years old
Guardian Ad Litem – Fernando Lemus
Defendants – Abencio
Quionez Martinez, Maria Virgen
Settlement: $15,000.00
Attorney’s Fees: $3,750.00
Litigation Costs: $576.25
Medical Bills: $83.97
TOTAL TO BE PAID TO
MINOR: $10,589.78
General Requirements
·
Petition
on Form MC-350? YES
·
Proposed
Order on Form MC-351? YES
·
Proof
of service on other parties? YES
Type of injury, medical expenses
“Claimant Marlon Mejia Lemus
suffered from multiple abrasions, leg pain, and lower left extremity fracture
(tibia).” (Pet. p. 2, ¶ 6; Pet. pp.
18-141.) Claimant “was treated/seen at
the following medical facilities as a result of this subject accident on
January 28, 2017: Pomona Valley Hospital, L.A. County Fire Dept., Dr. Ralph
Watchi, and LA County USC Hospital. Medical records and bills are attached
under paragraph 6.” (Ibid. at ¶ 7.)
· Medical records
documenting injuries and treatment?
Yes. (Pet. pp. 18-141: Attach. 6.)
· Negotiated reduction
in medical liens? Yes. (Pet. ¶ 12; Pet p. 145: Attach. 12b(4)(c).)
· Injuries
completely healed? Yes, Claimant “has recovered completely from
the effects of the injuries described in item 6, and there are no permanent
injuries.” (Ibid. at ¶ 8; Pet. p.
141 – 2/24/2020 Report of Dr. R. Watchi, MD.)
Handling of Funds
How are settlement funds to be disposed
of?
“$10,589.78 be deposited in insured accounts in one or more
financial institutions in this state, subject to withdrawal only on authorization
of the court. The name, branch, and address of each depository are specified in
Attachment 18b(2).” (Pet. pp. 8 ¶ 18(b)(2), Pet. p. 142: Attach 10(c); Pet. p.
146: Attach. 12(b)(4)(c); Pet. p. 156: Attach. 12(b)(5); Pet. p. 171: Attach.
18(b)(2); MC-355 Order to Deposit Funds in Blocked Account.)
Attorneys’ Fees
and Litigation Costs
· Attorneys’ fees
requested? Yes, 25% of total
settlement. (Pet. ¶ 13; Lerman Decl. ¶¶
5-6.)
· If yes, attorney
declaration including factors under CRC 7.955(b)? Yes. (Lerman Decl.)
· Copy of retainer
agreement? Yes. (Pet. p. 167: Attach.
17(a).)
· Litigation costs
requested? Yes. (Pet. p. 5, ¶ 13; Pet. p. 157: Attach. 13b.)
§ Itemized? Yes. (Pet.
p. 5, ¶ 13; Pet. p. 157: Attach. 13b.)
Having reviewed the instant
Petition, the Court finds that Petitioner has submitted a complete Petition
that complies with all requirements and provides all necessary information.
For this reason, the
Petition for Minor’s Compromise submitted on behalf of Minor Claimant Marlon
Mejia Lemus is GRANTED.
IV.
Conclusion
& Order
For these reasons,
The Petition
for Approval of Minor’s Compromise filed on behalf of minor Claimant Marlon
Mejia Lemus is GRANTED.