Judge: Kerry Bensinger, Case: 20STCV19153, Date: 2023-01-26 Tentative Ruling

Case Number: 20STCV19153    Hearing Date: January 26, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Shirlene Bjorling (“Claimant”), a person with a disability, by and through her Guardian Ad Litem, Gary Bjorling (“Petitioner”), has agreed to settle her claims against Defendant Robyn Reed in exchange for $1,250,000.00.  If approved, $144,256.13 will be used to pay for medical expenses,  $125,000.00 will be used for attorney’s fees, and $38,868.09 will be used for non-medical expenses, leaving a balance of $941,875.78 for Claimant, which Claimant requests to be deposited in a trust.  (Petition, at p. 9 [Claimant requests the settlement balance be “transferred to the trustee of a trust that is either created by or approved in the order approving the settlement or judgment . . . .”].)

Court approval is required for all settlements involving a claim of a person with a disability.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and concludes the proposed settlement is fair and reasonable.  Further, the Court concludes the requested attorney’s fees, which amounts to approximately 10% of the total settlement, is also fair and reasonable.  However, as Claimant requests the balance of the settlement proceeds be transferred into a proposed trust—which is entitled, “Shirlene Bjorling Settlement Trust”, and is attached to the present Petition as Attachment 18(b)(7)—the Court concludes the proposed trust must be reviewed by the Court’s Probate Department prior to approval of the compromise.

Accordingly, the Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Person with a Disability is CONTINUED  to __________________________.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

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 26 day of January 2023