Judge: Kerry Bensinger, Case: 21STCV10383, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV10383    Hearing Date: January 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Mathew Estrada (“Claimant”), a minor, by and through their Guardian Ad Litem, Luis Estrada (“Petitioner”), has agreed to settle their claims against Defendant Edward 26 Florence, LLC and nonparty Pacific Specialty Insurance Company in exchange for  $35,000.  If approved, $1,559.07 will be used for medical expenses,  $11,666.67 will be used for attorney’s fees, and $1,413.58 will be used for non-medical expenses, leaving a balance of $20,320.68 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

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.” (CRC 7.950.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 33% of the total settlement, is fair and reasonable.

On December 5, 2022, the Court continued the hearing on this petition because:

“Item 2 of the Petition misspells Claimant’s name. Item 3 of the Petition incorrectly states that the action is pending in Stanley Mosk Courthouse. Also, no proposed order approving the compromise on Form MC-351 or proposed order to deposit money on Form MC-355 are on file. Accordingly, the hearing on the petition is CONTINUED to January 20, 2023 at 1:30 p.m. The revised petition and proposed orders must be filed no later than January 16, 2023. The proposed orders should be filed separately.” (12/0/22 Minute Order.)

On December 30, 2022, the parties filed a stipulation to amend Plaintiff’s name in the operating complaint and other court filings, so that Plaintiff’s name was corrected to “Mathew Estrada.” The parties stated that Plaintiff’s counsel filed the operating complaint with incorrect spelling of Plaintiff’s name. The Court signed this Order on December 30, 2022.

Additionally, Petitioner has remedied the other issues with the previous Petition. Petitioner has filed a new Petition with the correct Courthouse in Item 3. Additionally, Petitioner has filed a proposed order approving the compromise and a proposed order to deposit the settlement funds in a blocked account.

The unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for April 20, 2023, for proof of deposit.  (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. 

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

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 20th day of January 2023