Judge: Kerry Bensinger, Case: 20STCV40567, Date: 2023-10-04 Tentative Ruling

Case Number: 20STCV40567    Hearing Date: October 18, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 18, 2023                               TRIAL DATE:  Vacated

CASE:                                Lazardo Rodelo, et al. v. Myron Estacio

CASE NO.:                 20STCV40567

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Lazardo Rodelo

RESPONDING PARTY:     No opposition

            Claimant, Nolan Sanchez, a minor, by and through their parent and guardian ad litem, Petitioner, Michelle Rodelo, has agreed to settle her claims against Defendant, Myron Estacio, in exchange for $1,059.39.  If approved, $59.39 will be used for medical expenses, $264.85 will be used for attorney’s fees, and $95.60 will be used for other expenses, leaving a settlement balance of $639.55 for Claimant, to be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402. 

            The petition was reviewed on October 4, 2023.  The Court found the settlement balance and request for attorney’s fees to be fair and reasonable, and the medical expenses supported by documentation.  However, the Court could not approve the petition because a proposed Order Approving Compromise on Form MC-351 was not submitted.

            On October 5, 2023, Petitioner filed a proposed Order Approving Compromise on Form MC-351.

            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 defect noted in the Court’s previous order.

            Accordingly, the petition is GRANTED.

Dated:   October 18, 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.