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
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Plaintiffs, vs.
KAISER
FOUNDATION HOSPITALS,
et al.,
Defendants. |
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[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
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Hon. Kerry Bensinger Judge of the Superior Court |