Judge: Kerry Bensinger, Case: 21STCV26942, Date: 2023-04-13 Tentative Ruling

Case Number: 21STCV26942    Hearing Date: April 13, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 22, 2020, Plaintiffs David A. Ziroli and Ava Marie Ziroli, a minor by and through her Guardian Ad litem, David A. Ziroli, filed this action against Defendants Deepak Sharma (“Sharma”) and DOES 1-90 for injuries arising out of a motor vehicle accident on July 25, 2019.

On March 6, 2023, Plaintiffs filed an MC-350 Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (the “Petition”), an MC-351 Proposed Order approving the Petition, and an MC-355 Proposed Order to Deposit Funds in a Blocked Account.

Claimant Ava Marie Ziroli (“Claimant”), a minor, by and through her Guardian Ad Litem and parent, David A. Ziroli (“Petitioner”), has agreed to settle her claims against Sharma in exchange for a lump sum of $30,000.  If approved, $6,886.37 will be used for attorney’s fees, $2,454.86 will be used to reimburse counsel for Petitioner for additional expenses, and $3,950 will be used to pay Optum for medical expenses, leaving a balance of $16,708.77 for Claimant to be deposited into a blocked account with Wells Fargo Bank in Long Beach, CA, 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.”  (Cal. Rules of Court, rule 7.950.)

Upon review of the Petition and supporting documents, the Court finds that the Petition cannot be approved at this time. 

Regarding the medical expenses, the $3,950 to be paid to Optum is supported by email correspondence from a recovery specialist of Optum.  (See Petition, Attachment 12b(2).)  However, the email states that Optum “agrees to accept $3,955.00 in settlement of Ava’s lien” which is inconsistent with the amount set forth the in the Petition (MC-350) and Proposed Order (MC-351).

Regarding the attorney’s fees, the Court has reviewed the proposed settlement and finds that the attorney’s fees requested are fair and reasonable. Claimant’s counsel requests $6,886.37, which represents less than 25% of the present value of the settlement, pursuant to the contingency fee agreement between the parties.  (Petition, Attachment 17(a).)  The Court finds that $6,866.37 is reasonable.

However, because of the discrepancy between the medical expenses to be reimbursed from the settlement and the amount agreed upon by Optum, the Court CONTINUES the hearing for the Petition to April 21, 2023 at 8:30 a.m. in Department 27 of the Spring Street Courthouse to allow Petitioner to file amended papers.  Amended papers are to be filed no later than five (5) days before the hearing.

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 13th day of April 2023