Judge: Kerry Bensinger, Case: 20STCV22159, Date: 2023-08-29 Tentative Ruling

Case Number: 20STCV22159    Hearing Date: August 29, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      August 29, 2023                                            TRIAL DATE:  Vacated

CASE:                                Valentin Velasco Diaz, et al. v. Agustin Sandoval Ruvalcaba, et al.

CASE NO.:                 20STCV22159

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Sandra Velasco

RESPONDING PARTY:     No opposition

            Claimant, Valeria Velasco, a minor, by and through her parent and guardian ad litem, Petitioner Sandra Velasco, has agreed to settle her claims against Defendants, Agustin Sandoval Ruvalcaba and J.K. Freight Carrier, Inc., in exchange for a lump sum of $1,500.  If approved, $375 will be used for attorney’s fees, and $100 will be used for medical expenses, leaving a balance of $1,025 for Claimant to be deposited at a Wells Fargo Bank in Los Angeles, California, 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 Petition 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: Proof of Deposit for October 30, 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 29, 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.