Judge: Kerry Bensinger, Case: 19STCV33625, Date: 2023-10-12 Tentative Ruling

Case Number: 19STCV33625    Hearing Date: October 12, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 12, 2023                               TRIAL DATE:  Vacated

CASE:                                Lauren Kawai v. Palos Verdes Peninsula Unified School District

CASE NO.:                 19STCV33625

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Brian Kawai

RESPONDING PARTY:     No opposition

            Claimant, Lauren Kawai, a minor, by and through her parent and guardian ad litem, Petitioner, Brian Kawai, has agreed to settle her claims against Defendant Palos Verdes Peninsula Unified School District in exchange for $187,500.  If approved, $13,509.95 will be used for medical expenses, $75,000 will be used for attorney’s fees, $8,892.60 will be used to reimburse Petitioner for payment of medical treatment for Claimant, and $8,500.34 will be used for non-medical expenses, leaving a settlement balance of $81,597.11 for Claimant to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  The details of the annuity are specified at Attachment 18b(3) of the Petition and Attachment 8b(2) of the proposed Order (Form MC-351).  

            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.)¿¿

            Upon review, the Court finds the settlement balance is fair and reasonable.  The Court also finds the request for attorney’s fees is fair and reasonable and consistent with the signed retainer agreement between Claimant and her counsel. 

            Accordingly, the unopposed Petition is GRANTED.  The Court sets an OSC Re: Purchase of Annuity for December 12, 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:   October 12, 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.