Judge: Kerry Bensinger, Case: 20STCV29437, Date: 2023-08-21 Tentative Ruling

Case Number: 20STCV29437    Hearing Date: August 21, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      August 21, 2023                                            TRIAL DATE:  Vacated

CASE:                                Sofia Landaverde, by and through her Guardian ad Litem, Monica Landaverde, et al. v. Ralph Borruel

CASE NO.:                 20STCV29437

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Monica Landaverde

RESPONDING PARTY:     No opposition

            Claimant, Sofia Landaverde, a minor, by and through her parent and guardian ad litem, Petitioner, Monica Landaverde, has agreed to settle her claims against Defendant, Ralph Borruel, in exchange for $27,095.72.

            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.)¿¿

            If approved, $7,174.40 will be used to pay medical expenses, $6,673.93 will be used to pay attorney’s fees, and $1,205.88 will be used to pay other expenses, leaving a balance of $11,941.51 for Claimant, to be deposited to U.S. Bank in Valencia, California, subject to withdrawal only on authorization of the court. 

            The Court has reviewed the Petition and finds that the proposed settlement is fair and reasonable, as is the request for attorney’s fees.  Accordingly, the Petition is GRANTED.

            The Court sets an OSC re: Proof of Deposit for October 23, 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 21, 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.