Judge: Kerry Bensinger, Case: 19STCV03151, Date: 2023-08-25 Tentative Ruling

Case Number: 19STCV03151    Hearing Date: August 25, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      August 25, 2023                                            TRIAL DATE:  Vacated

CASE:                                Cydne Peters, et al. v. William Long, et al.

CASE NO.:                 19STCV03151

PETITIONS TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Marv Peters

RESPONDING PARTY:     No opposition

            Claimant, Cydne Peters, a minor, by and through her parent and guardian ad litem, Petitioner Marv Peters, has agreed to settle her claims against Defendants, William Long and Yuri Long, in exchange for a lump sum of $85,000.  If approved, $21,250 will be used for attorney’s fees, and $1,203.57 will be used for other expenses, leaving a balance of $62,546.43.77 for Claimant to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.

            Claimant, Giselle Peters, a minor, by and through her parent and guardian ad litem, Petitioner Marv Peters, has agreed to settle her claims against Defendants, William Long and Yuri Long, in exchange for a lump sum of $460,000.  If approved, $12,830.34 will be used to pay medical expenses, $115,000 will be used to pay attorney’s fees, and $5,594.28 will be used to pay other expenses, leaving a balance of $326,575.38 for Claimant, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.

            Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.”¿ (Cal. Rules of Court, rule 7.950.)¿¿

            The Court has reviewed the Petitions and finds the settlement amounts are fair and reasonable, as are the requests for attorney’s fees.  Accordingly, the Petitions are GRANTED.

            The Court sets an OSC re: Purchase of Annuity for October 5, 2023, at 8:30 a.m.¿ (Cal. Rules of Court, rule 7.953, subd. (a).)¿ If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required. 

            Moving party to give notice.   

Dated:   August 25, 2023                                          ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.