Judge Katherine Chilton, Case 21STLC08580 2022-10-17 Tentative Ruling

Judge: Katherine Chilton, Case: 21STLC08580, Date: 2022-10-17 Tentative Ruling

Case Number: 21STLC08580 Hearing Date: October 17, 2022 Dept: 25

PROCEEDINGS: PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY: Petitioner Tania Fallert, on behalf of minor Claimant Sofia Del Gatto

RESP. PARTY: None

PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950)

TENTATIVE RULING:

The hearing on the Petition for Approval of Minor’s Compromise on behalf of minor Claimant Sofia Del Gatto is CONTINUED to NOVEMBER 3, 2022 at 10:30 A.M. in Department 25 at Spring Street Courthouse. Petitioner is ordered to file supplemental papers addressing the deficiencies noted herein and serve the papers on Defendants at least 16 court days before the scheduled hearing. Failure to do so may result in the hearing being placed off calendar or denied.

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 October 12, 2022 [ ] Late [X] None

REPLY: None filed as of October 12, 2022 [ ] Late [X] None

ANALYSIS:

I. Background

On December 3, 2021, Plaintiff Tania Fallert (“Fallert”) and minor Plaintiff Sofia Del Gatto (“Del Gatto”) filed an action against Defendants Mart Transport, Inc. (“Mart Transport”), V Aguirre Trucking, Inc. (“Aguirre Trucking”), and Andres Ramirez Torres (“Torres”), (collectively “Defendants”), for motor vehicle and general negligence. Plaintiff Fallert was appointed as guardian ad litem for minor Plaintiff Del Gatto on December 17, 2021.

On March 30, 2022, Plaintiff Fallert (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim on behalf of minor Claimant Sofia Del Gatto. The Court found several deficiencies in the Petition and denied it without prejudice on June 28, 2022. (6-28-22 Minute Order.)

On July 22, 2022, Petitioner filed the instant Petition to Approve Compromise of a Disputed Claim on Behalf of Minor Claimant Sofia Del Gatto (“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 § 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 – Sofia Del Gatto, 15 years old

Guardian Ad Litem – Tania Fallert (not indicated on Forms MC-350, MC-351, MC-355.)

Defendants – Mart Transport, Inc.; V Aguirre Trucking, Inc.; Andres Ramirez Torres

Settlement: $8,500.00

Attorney’s Fees: $2,125.00

Litigation Costs: $33.00

Medical Bills: $2,350.04

TOTAL TO BE PAID TO MINOR: $3,991.96

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

Minor Plaintiff Del Gatto “suffered headaches, neck pain, and back pain.” (Pet. p. 2, ¶ 7.) She received the following treatment: telephone visit with Kaiser Permanente and chiropractic care and treatment from June 2 to November 3, 2021. (Ibid. at ¶ 8.) She has not recovered completely and on rare occasions has neck and back [pain]. (Ibid. at ¶ 9(b); Attach. 9b.)

· Medical records documenting injuries and treatment? Yes. (Pet., Attach. 9(b).)

· Negotiated reduction in medical liens? Yes, reduced from $3,730 to $2,300 (Dr. Winer, D.C.) and from $80 to $50.04 (Kaiser Foundation Health Plan). (Pet., ¶ 13(b)(5), Attach. 13(b)(5)(i), 13(b)(5)(ii).)

· Injuries completely healed? No, Minor Plaintiff has not completely recovered and continues to have neck and back pain on rare occasion. (Pet. ¶ 9(b); Attach. 9b.)

Handling of Funds

How are settlement funds to be disposed of? “$3,991.96 of money will be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only upon the authorization of the court. The name, branch, and address of each depository are specified in Attachment 19b(2).” (Pet. ¶ 19(b)(2).) Petitioner has also filed Order to Deposit Money into Blocked Account, Form MC-355.

Attorneys’ Fees and Litigation Costs

· Attorneys’ fees requested? Yes, 25% of total settlement. (Kahn Decl. ¶ 3.)

· If yes, attorney declaration including factors under CRC 7.955(b)? Yes. (Pet., Attach. 14(a), Kahn Decl.)

· Copy of retainer agreement? Yes. (Attach. 18(a)(2).)

· Litigation costs requested? Yes.

o Itemized? Yes. (Pet. ¶ 14(b).)

Having reviewed the instant Petition, the Court finds that Petitioner has complied with most of the statutory requirements. However, Petitioner has not indicated that she is the guardian ad litem for Plaintiff Sofia Del Gatto on any of the forms filed. The Court CONTINUES the hearing on the Petition and orders Petitioner to check box 3(b), “Guardian ad litem” on Judicial Council Forms MC-350 and MC-351, and to add her capacity as “guardian ad litem” to Form MC-355 ¶ 1.

IV. Conclusion & Order

For the foregoing reasons,

Petitioner is ordered to give notice.