Judge: Kerry Bensinger, Case: 20STCV23789, Date: 2023-09-06 Tentative Ruling

Case Number: 20STCV23789    Hearing Date: September 25, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      September 25, 2023                                   TRIAL DATE:  Vacated

CASE:                                Mayan Rivas, a minor by her Guardian ad Litem Adalberto Rivas, Jr. v. East Whittier City School District

CASE NO.:                 20STCV23789

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Adalberto Rivas, Jr.

RESPONDING PARTY:     No opposition

            Claimant, Mayan Rivas, a minor, by and through her parent and guardian ad litem, Petitioner Adalberto Rivas, Jr., has agreed to settle her claims against Defendant, East Whittier School District, in exchange for a lump sum of $15,000.

            The Petition was reviewed on September 6, 2023.  The Court found the settlement fair and reasonable, as was the request for attorney’s fees.  However, the Petition could not be approved because (1) Petitioner did not include page 5 of the Petition; (2) Items 5 and 6 of Form MC-351 were not completed; and (3) Item 2 of Form MC-355 was not completed.

            On September 7, 2023, Petitioner filed an amended Petition.  If approved, $441.23 will be used for medical expenses, $5,550 will be used for attorney’s fees, and $3,384.84 will be used for other expenses, leaving a balance of $5,623.92 for Claimant to be deposited at Credit Union of Southern California in Whittier, 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.)¿¿

            Petitioner has cured the defects noted in the Court’s previous order. 

            Accordingly, the Petition is GRANTED.  The Court sets an OSC Re: Proof of Deposit for November 27, 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:   September 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.