Judge Katherine Chilton, Case 22STLC07423 2023-03-14 Tentative Ruling

Judge: Katherine Chilton, Case: 22STLC07423, Date: 2023-03-14 Tentative Ruling

Case Number: 22STLC07423 Hearing Date: March 14, 2023 Dept: 25

PROCEEDINGS: PETITION FOR MINOR’S COMPROMISE

MOVING PARTY: Petitioner Edwin Chacon, on behalf of minor Claimant Melissa Chacon

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 Melissa Chacon is CONTINUED to APRIL 13, 2023 at 10:30 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. 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) NONE

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

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

OPPOSITION: None filed as of March 9, 2023. [ ] Late [X] None

REPLY: None filed as of March 9, 2023. [ ] Late [X] None

ANALYSIS:

I. Background

On November 4, 2022, Minor Plaintiff Melissa Chacon (“Claimant”), by and through her father Edwin Chacon, filed an action against Defendant Naborina Estrada (“Defendant”) arising out of an alleged motor vehicle accident that took place on March 14, 2022. Edwin Chacon was appointed minor Claimant’s guardian ad litem on November 15, 2022. (11-15-22 Application and Order for Appointment of Guardian Ad Litem.)

On December 1, 2022, Petitioner Edwin Chacon filed the instant Petition to Approve Minor’s Compromise of Disputed Claim on behalf of minor Claimant Melissa Chacon (“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

The Petition sets out the following information:

Minor – Melissa Chacon, 14 years old

Guardian Ad Litem – Edwin Chacon

Defendants – Naborina Estrada

Settlement: $15,000.00

Attorney’s Fees: $3,750.00

Litigation Costs: $500.00

Medical Bills: $6,650.00

TOTAL TO BE PAID TO MINOR: $4,100.00

General Requirements

· Petition on Form MC-350? YES

· Proposed Order on Form MC-351? NO

· Proof of service on other parties? NONE.

Type of injury, medical expenses

Minor Claimant Melissa Chacon sustained “neck and back aches.” (Pet. ¶ 6.) She received treatment by a chiropractor, evaluation by an orthopedist, and had an MRI and X-rays. (Pet. ¶ 7.)

· Medical records documenting injuries and treatment? Yes. (Pet. pp. 11-15.)

· Negotiated reduction in medical liens? Yes. (Pet. ¶¶ 12a(3), 12b(5)(a)(ii), 12b(5)(b).) Petitioner has not submitted any billing statement or proof of negotiated reductions in the amount of medical fees.

· Injuries completely healed? Yes, Claimant “has recovered completely from the effects of the injuries described in item 7, and there are no permanent injuries.” (Pet. ¶ 8.) The medical documents submitted by Petitioner do not demonstrate that minor Claimant has recovered from all injuries.

Handling of Funds

How are settlement funds to be disposed of? Petitioner indicates that “[t]here is no guardianship or conservatorship of the estate of the claimant” and Petitioner requests that the settlement funds in the amount of “$4,100.00 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).). Attachment 18b(2) is included with the Petition. (Pet. p. 23 – Attach. 18b(2).)

Attorneys’ Fees and Litigation Costs

· Attorneys’ fees requested? Yes, 25% of total settlement. (Pet. ¶ 13a; Pet. p. 17: Attach. 13a – Lungin Decl.)

· If yes, attorney declaration including factors under CRC 7.955(b)? Yes. (Pet. p. 17: Attach. 13a – Lungin Decl.)

· Copy of retainer agreement? Yes. (Pet. pp. 18-22 – Attach. 17a.)

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

o Itemized? Yes. (Pet. ¶ 13b.)

Having reviewed the Petition, the Court notes several deficiencies, including the following:

1. The Notice of Petition lists the Stanley Mosk Courthouse address instead of the Spring Street Courthouse address.

2. Petitioner has not filed proof that Defendant has been served with the summons, complaint, or the instant Petition.

3. On Form MC-350, Petitioner has not checked ¶ 1b indicating that he is the guardian ad litem for Minor Claimant.

4. The amount of attorney’s fees requested in MC-350 ¶ 13a, $2,375.00, is inconsistent with the sum of $3,750 requested in other parts of the Petition.

5. Petitioner indicates that Minor Claimant’s injuries have completely healed; however, he has not submitted any evidence to support this contention. (Pet. ¶ 8.)

6. Petitioner has not submitted any billing statements or proof of negotiated reductions of medical expenses.

7. Petitioner has not filed a Proposed Order, Form MC-351.

Given these deficiencies, the Court CONTINUES the hearing on the Petition for Minor’s Compromise of Disputed Claim.

IV. Conclusion & Order

For these reasons,

Petitioner is ordered to give notice.