Judge Katherine Chilton, Case 22STLC05960 2023-03-30 Tentative Ruling

Judge: Katherine Chilton, Case: 22STLC05960, Date: 2023-03-30 Tentative Ruling

Case Number: 22STLC05960 Hearing Date: March 30, 2023 Dept: 25

PROCEEDINGS: PETITION FOR MINOR’S COMPROMISE

MOVING PARTY: Petitioner Artina Thomas on behalf of Minor Claimant Drew Thomas

RESP. PARTY: None

PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950.5)

TENTATIVE RULING:

The hearing on Petition for Approval of Minor’s Compromise filed on behalf of minor Claimant Drew Thomas is CONTINUED to MAY 3, 2023 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file supplemental papers addressing the issues discussed herein at least 16 court days before the next scheduled hearing.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) NOT OK

[X] Correct Address (CCP §§ 1013, 1013a) NOT OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NOT OK

OPPOSITION: None filed as of March 28, 2023. [ ] Late [X] None

REPLY: None filed as of March 28, 2023. [ ] Late [X] None

ANALYSIS:

I. Background

On September 13, 2022, Minor Plaintiff Drew Thomas (“Claimant”) filed an action against Defendant USAA Insurance (“Defendant”) arising out of a motor vehicle accident on May 21, 2021. Artina Thomas was appointed Claimant’s guardian ad litem on September 21, 2022.

On October 27, 2022, Claimant, through his guardian ad litem, filed the instant Petition to Approve Minor’s Compromise of Disputed Claim (“Petition”).

On January 18, 2023, the Court noted several deficiencies and continued the hearing on the Petition to February 28, 2023, to allow Petitioner an opportunity to correct these deficiencies. (1-18-23 Minute Order.) On the same day, Petitioner filed amended papers.

On February 28, 2023, the Court noted that the Petition still contained deficiencies and once again continued the hearing on the Petition. (2-28-23 Minute Order.) Petitioner has not filed supplemental papers after the hearing on February 28, 2023.

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

The Petition sets out the following information:

Minor – Drew Thomas, 10 years old

Guardian Ad Litem – Artina Thomas

Defendants – USAA Insurance

Settlement: $10,000.00

Attorney’s Fees: $2,500.00

Litigation Costs: $303.40

Medical Bills: $1,083.86

TOTAL TO BE PAID TO MINOR: $6,112.74

General Requirements

· Petition on Form MC-350? YES

· Proposed Order on Form MC-351? YES

· Proof of service on other parties? Not all documents have been served.

Type of injury, medical expenses

Minor Claimant Drew Thomas suffers from “headaches, neck, nightmares, trouble sleeping.” (Pet. ¶ 6.) Claimant visited the emergency room and had “2 follow up visits with doctor.” (Pet. ¶ 7.)

· Medical records documenting injuries and treatment? Yes. (Pet. pp. 11-33.)

· Negotiated reduction in medical liens? Yes. (Pet. ¶¶ 12a(3), 12b(5)(b)(i)(E), 12b(5)(b)(ii)(E); Pet. pp. 34-36.)

· Injuries completely healed? Yes, Claimant “has recovered completely from the effects of the injuries described in item 7, and there are no permanent injuries.” (Ibid. at ¶ 8; Pet. pp. 12-13.)

Handling of Funds

How are settlement funds to be disposed of? “$6,112.74 to 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. ¶ 18b(2); Pet. p. 40 - Attach. 18b(2); MC-355, MC-356.)

Attorneys’ Fees and Litigation Costs

· Attorneys’ fees requested? Yes, 25% of total settlement. (Pet. ¶ 13a; Pet. p. 37: Attach. 13a – Wabby Decl.)

· If yes, attorney declaration including factors under CRC 7.955(b)? Yes. (Pet. p. 37: Attach. 13a – Wabby Decl.)

· Copy of retainer agreement? Yes. (Pet. pp. 38-39 – Attach. 17a.)

· Litigation costs requested? Yes. (Pet. ¶ 13b.)

o Itemized? Yes. (Pet. ¶ 13b.)

On January 18, 2023, the Court noted several deficiencies in the Petition and continue the hearing to allow Petitioner an opportunity to correct these deficiencies. (1-18-23 Minute Order.) On the same day, Petitioner filed supplemental papers.

On February 28, 2023, the Court noted that Petitioner had addressed many of the deficiencies; however, the Petition still contained the following deficiencies:

1. Petitioner has not checked “guardian ad litem” in ¶ 2 on Proposed Order, Form MC-351 and ¶ 3 of Order to Deposit Funds in Blocked Account, MC-355.

2. The Proof of Service filed by Petitioner indicates that Respondent has only been served with the Petition and not the additional documents filed by the Petitioner.

3. There is no Proof of Service filed showing that USAA Insurance has been served with Summons and Complaint in the action.

(2-28-23 Minute Order.) Petitioner has not filed supplemental papers following the hearing on February 28, 2023.

The Court continues the hearing on the Petition one final time to allow Petitioner an opportunity to correct the deficiencies discussed above.

IV. Conclusion & Order

For these reasons,

Petitioner is ordered to give notice.