Judge: Kerry Bensinger, Case: 21STCV19294, Date: 2023-10-10 Tentative Ruling

Case Number: 21STCV19294    Hearing Date: October 10, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 10, 2023                               TRIAL DATE:  Vacated

CASE:                                Brenda Vizcarra, et al. v. Gloria A. Lopez

CASE NO.:                 21STCV19294

EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Brenda Vizcarra

RESPONDING PARTY:     No opposition

            Claimant, Paul Mendoza, a minor, by and through his parent, Petitioner, Brenda Vizcarra, has agreed to settle his claims against Defendant Gloria A. Lopez in exchange for $1,250.  If approved, $30 will be used for medical expenses, $312.50 will be used for attorney’s fees and $266.27 will be used for other expenses, leaving a settlement balance of $641.23 for Claimant to be paid or delivered to Claimant’s parent, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.   

            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.)¿¿

            Upon review, the Court finds the settlement balance is fair and reasonable, as is the request for attorney’s fees.  Further, the medical expenses and other expenses are supported by documentation.

            Accordingly, the unopposed Petition is GRANTED.

Moving party to give notice. 

Dated:   October 10, 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.