Judge: Kerry Bensinger, Case: 20STCV11374, Date: 2023-08-21 Tentative Ruling

Case Number: 20STCV11374    Hearing Date: August 28, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      August 28, 2023                                            TRIAL DATE:  Vacated

CASE:                                Maya Ben-Hayun, et al. v. PBC Leasing, LLC, et al.

CASE NO.:                 20STCV11374

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Maya Ben-Hayun

RESPONDING PARTY:     No opposition

            Claimant, Ariel R. Ben-Loulu, a minor, by and through their parent and guardian ad litem, Petitioner, Maya Ben-Hayun, has agreed to settle their claims against Defendants Saul V. Cabrera Hernandez and Peterson Brothers Construction, Inc. dba PBC Companies in exchange for $50,000.  If approved, $8,270 will be used to pay medical expenses, $12,500 will be used to pay attorney’s fees, and $435 will be used to pay other expenses, leaving a balance of $28,795 for Claimant, to be deposited to Bank of Hope in Los Angeles, California, subject to withdrawal only on authorization of the court.^[1] 

            The Court reviewed the Petition on August 21, 2023.  The Court found the settlement to be fair and reasonable, as well as the request for attorney’s fees.  However, the Petition could not be approved because an Order Approving Compromise of Claim on Judicial Council Form MC-351 had not been filed.  The Petition was continued to August 28, 2023 to allow Petitioner to address this issue.

            On August 22, 2023, Petitioner filed 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.)¿¿

            Petitioner has cured the defect noted in the Court’s previous order.  Accordingly, the Petition is GRANTED.   

            Moving party to give notice. 

Dated:   August 28, 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.