Judge: Kerry Bensinger, Case: 17STLC03073, Date: 2023-01-25 Tentative Ruling

Case Number: 17STLC03073    Hearing Date: January 25, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

          This is an expedited petition to approve compromise of pending action of minor, Sasha Yansen. 

          Claimant Sasha Yansen (“Claimant”), a minor, by and through their parent and guardian ad litem, Dominique LaPage (“Petitioner”), has agreed to settle their claims against Lauren Wolf in exchange for $29,000.00. If approved, $3,000.00 will be used to pay medical expenses, $10,150.00 will be used to pay attorney’s fees, and $260.50 for non-medical expenses, leaving a balance of $15,589.50 for Claimant, to be deposited into an insured account, subject to withdrawal only upon authorization of the court.

          On December 29, Petitioner filed a revised Petition, Proposed Order, and Proposed Order re Blocked Account.  The hearing is set for January 25, 2023. 

II.          LEGAL STANDARD

          Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.)  The conditions of an expedited petition are:

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

(2)   The claim is not for damages for the wrongful death of a person;

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

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

(5)   Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier;

(6)   Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition;¿ 

(7)   If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith;¿ 

(8)   The settlement, exclusive of interests and costs, is $50,000 or less¿

(9)   Or if greater than $50,000, 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; and 

(10) The court does not otherwise order.¿ 

(Cal Rules of Court, Rule 7.950.5.)

III.        DISCUSSION

          According to the Minute Order of December 16, 2022, “There is no evidence that Dr. Alex Avila has agreed to accept $3,000 for his services in lieu of $4,500.  The proposed order approving the compromise is also deficient because Item 9a, 9c2, and 11 are not completed.  In light of the foregoing, the hearing on the Expedited Petition to Approve Minor’s Compromise is CONTINUED to January 25, 2023 at 1:30 p.m. to permit Petitioner to file a revised Petition, Proposed Order, and Proposed Order re Blocked Account.  The revised documents shall be filed with the Court not later than 10 days before the hearing.”

          On December 29, Petitioner filed a revised Petition, Proposed Order, and Proposed Order re Blocked Account.  The revised documents address the deficiencies described in the Minute Order of December 16, 2022.  Specifically, Petitioner attached email confirmation to the revised Petition that Dr. Avila has agreed to accept $3,000 for his services in lieu of $4,500.  Also, Petitioner completed Item 9a, 9c2 and 11 in the revised Proposed Order.

          Accordingly, Petitioner’s expedited petition to approve minor’s compromise is GRANTED. 

IV.         CONCLUSION

          Petitioner’s expedited petition to approve minor’s compromise is GRANTED.

          Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

                                                        Dated this 25th day of January 2023