Judge: Kerry Bensinger, Case: 20STCV46947, Date: 2023-04-13 Tentative Ruling



Case Number: 20STCV46947    Hearing Date: April 13, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JOANNE WRIGHT, et al.,

                   Plaintiffs,

          vs.

 

KAISER FOUNDATION HOSPITALS, et al.,

 

                   Defendants.

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     CASE NO: 20STCV46947

 

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM

 

 

 

Dept. 27

8:30 a.m.

April 14, 2023

 

Claimant Charles Thomas Wright (“Claimant”), a minor, by and through their parent and guardian ad litem, Joanne Wright, (“Petitioner”), has agreed to release their claims against Defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and Southern California Permanente Medical Group in exchange for $61,107.99.  If approved, $11,318.44 will be used to pay attorney’s fees, and $19,789.55 will be used for litigation expenses, leaving a balance of $30,000, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  The terms and conditions of the annuity are specified in Attachment 18b(3).

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds it to be fair and reasonable.  Further, the Court finds the proposed attorney’s fees, which amount to 18.5% of the settlement amount, to be fair and reasonable. 

Based on the foregoing, the Petition to For Approval of Minor’s Compromise is GRANTED.  The Court sets an OSC for June 14, 2023 at 8:30 a.m. in Department 27 of the Spring Street Courthouse for proof of deposit/purchase of annuity.  (Cal. Rules of Court, Rule 7.953(a).)  If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Dated this 14th day of April 2023 

 

  

 

 

Hon. Kerry Bensinger 

Judge of the Superior Court