Judge: Katherine Chilton, Case: 22STLC05275, Date: 2023-01-05 Tentative Ruling

Case Number: 22STLC05275    Hearing Date: January 5, 2023    Dept: 25

PROCEEDINGS:      EXPEDITED PETITION FOR MINOR’S COMPROMISE

MOVING PARTY:   Petitioner Ahamad Dickerson, on behalf of minor Claimant Kaylee Dickerson

RESP. PARTY:         None

EXPEDITED PETITION FOR APPROVAL OF

MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rules 7.950, 7.950.5)

TENTATIVE RULING:

The Expedited Petition for Approval of Minor’s Compromise of a Disputed Claim filed on behalf of minor Claimant Kaylee Dickerson is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 NONE

[X] Correct Address (CCP §§ 1013, 1013a)                                                 NONE

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     NONE

OPPOSITION:          None filed as of January 3, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of January 3, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

            On August 9, 2022, minor Plaintiff Kaylee Dickerson, through her parent Ahamad Dickerson (“Ahamad”) filed an action against Dollar Tree Stores, Inc. (“Dollar Tree” or “Defendant”) for premises liability.  Ahamad was appointed guardian ad litem for minor Plaintiff Kaylee on August 10, 2022.  (8-10-22 Application and Order.)

            On September 27, 2022, Petitioner Ahamad filed an Expedited Petition to Approve Compromise of a Disputed Claim on behalf of minor Claimant Kaylee Dickerson.

            On October 25, 2022, Petitioner filed the instant Expedited Petition to Approve Compromise of a Disputed Claim on behalf of minor Claimant Kaylee Dickerson.

            On December 2, 2022, the Court noted several deficiencies in the Expedited Petition and set a hearing for January 5, 2023.  (12-2-22 Minute Order.)

No opposition has been filed.  Petitioner has not filed any additional papers.

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

Under California Rules of Court, rule 7.950.5, an expedited petition for minor’s compromise without a scheduled hearing is permitted as long as Petitioner uses the required Judicial Council forms and meets certain conditions.  The conditions are:

(1) Petitioner is represented by an attorney authorized to practice in the courts of this state;

(2) The claim is not for wrongful death;

(3) Settlement proceeds will not be placed in a trust;

(4) There are no unresolved liens to be satisfied from the proceeds of the compromise;

(5) Petitioner's attorney did not become involved at the request of Defendant or insurance carrier connected with the Petition;

(6) Petitioner's attorney is not employed by nor associated with a Defendant or insurance carrier in connection with the Petition;

(7) If an action has been filed on the claim, (A) all Defendants have appeared and are participating in the compromise OR (B) the Court has determined the settlement to be in good faith.

(8) The settlement, exclusive of interests and costs, is $50,000 or less OR (A) the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.

(9) The court does not otherwise order.

            Here, Petitioner sets out the following information in the Expedited Petition.

Minor – Kaylee Dickerson, 9 years old

Guardian Ad Litem – Ahamad Dickerson

            Defendants – Dollar Tree Stores, Inc.

            Settlement:                                          $9,000.00

            Attorney’s Fees:                                  $3,000.00

            Litigation Costs:                                 $0

            Medical Bills:                                     $900.00

            TOTAL TO BE PAID TO MINOR:             $5,100.00

            General Requirements

·       Petition on Form MC-350EX?           YES

·       Proposed Order on Form MC-351?      YES

·       Proof of service on other parties?       NONE

Type of injury, medical expenses

Minor Plaintiff Kaylee sustained the following injuries: “1) Acute Post-Traumatic Headache, Intractable; 2) Periodic Headache Syndromes in child or adult, Not Intractable; 3) Segmental and Somatic Dysfunction of Head Region; and 4) Spasmodic Torticollis.”  (MC-350EX p. 2, ¶ 7.)  She received emergency room care and chiropractic treatment.  (MC-350EX ¶ 8.)  She has recovered completely and does not have any permanent injuries.  (Ibid. at ¶ 9.)

·       Medical records documenting injuries and treatment?  Yes.  (MC-350EX pp. 8-64.)

·       Negotiated reduction in medical liens?  None.  (MC-350EX ¶ 13.)

·       Injuries completely healed?  Yes, Minor Plaintiff has completely recovered and there are no permanent injuries.  (MC-350EX ¶ 9.)  Final chiropractic examination indicates that minor does not report any more pain.  (MC-350EX p. 60.)

Handling of Funds

How are settlement funds to be disposed of?  “A guardian of the estate of the minor or a conservator of the estate of the adult person with a disability be appointed and of money and other property be paid or delivered to the person so appointed. The money or other property are specified in Attachment 19b(1).”  (MC-350EX ¶ 19b(1).)  However, Petitioner has not included Attachment 19b(1).

Attorneys’ Fees and Litigation Costs

·       Attorneys’ fees requested?  Attorney’s fees are requested, but not listed in ¶14.  (MC-350EX ¶¶ 14, 17.)

·       If yes, attorney declaration including factors under CRC 7.955(b)?  No declaration provided.

·       Copy of retainer agreement? None.

·       Litigation costs requested?  None requested.

o   Itemized? N/A

On December 2, 2022, the Court found the following deficiencies.

1)     Petitioner has not signed the Expedited Petition.

2)     The address listed on the forms belongs to the Stanley Mosk Courthouse, not the Spring Street Courthouse, which is incorrect.

3)     Attachment 11c is not included.

4)     Attorney’s fees are requested, but not listed in ¶ 14.  (MC-350EX ¶¶ 14, 17.)

5)     Medical expenses are requested but not listed in ¶ 13.  (MC-350 EX ¶¶ 13, 17.)

6)     There is no attorney declaration provided in support of Petitioner’s request for attorney’s fees and no attorney-client retainer is included.

7)     Attachment 19b(1) regarding the disposition of settlement funds is not included.

8)     Petitioner has not submitted Proof of Service indicating that the Expedited Petition or the Complaint have been served on the Defendant.

9)     The distribution of settlement funds in MC-351 is inconsistent with the amounts listed in MC-350EX.

For these reasons, the Petition filed on behalf of minor Claimant Kaylee Dickerson was set for hearing on January 5, 2023, as required by California Rules of Court, rule 7950.5(c)(3).  (12-2-22 Minute Order.)  Petitioner was ordered to file supplemental papers addressing the deficiencies noted by the Court.  (Ibid.)

To date, Petitioner has not filed supplemental papers correcting the deficiencies in the Expedited Petition.  For this reason, the Court DENIES the Expedited Petition for Approval of Minor’s Compromise of Disputed Claim, filed on behalf of minor Claimant Kaylee Dickerson on October 25, 2022.

IV.           Conclusion

For the foregoing reasons,

The Expedited Petition for Approval of Minor’s Compromise of a Disputed Claim filed on behalf of minor Claimant Kaylee Dickerson is DENIED.

Moving party to give notice.