SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

Claimant Ryan Mikkelson (“Claimant”), a minor, by and through their parent and guardian ad litem, Yvette Mikkelson (“Petitioner”), agrees to release their claims against Defendant Kevin Guo (“Defendant”) for injuries Claimant sustained in a motor vehicle collision with Defendant.  Under the proposed settlement, Defendant agrees to pay $15,000 to Claimant. 

Court approval is required for all settlements of a minor’s claim.  (Probate Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)   

If approved, $602.52 will be used to pay medical expenses, $5,000 will be used to pay for attorney’s fees, and $456.78 will be used to pay additional expenses, leaving a balance of $8,940.70 to be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court.  The name, branch, and address of each depository are specified in Attachment 18b(2). 

Pursuant to the retainer agreement, Counsel for Plaintiff seeks attorney’s fees in the amount of $5,000, representing 33.3% of the proposed settlement.  The Court finds the attorney’s fee award is reasonable.  

However, because Item 8b. on the proposed order (Form MC-351) does not indicate how the balance of the settlement is to be disbursed, the Court cannot approve the petition at this time.   

Based on the foregoing, the Petition to Confirm Minor’s Compromise is CONTINED to April 4, 2023 at 1:30 p.m. in Department 27 of Street Courthouse.  Petitioner is ordered to file a revised proposed order no later than five (5) court days prior to the hearing.  

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 27th day of March 2023