Judge: Kerry Bensinger, Case: 21STCV27710, Date: 2023-01-30 Tentative Ruling

Case Number: 21STCV27710    Hearing Date: January 30, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Brittney McCrae (“Brittney”), a minor, by and through their Guardian Ad Litem, Hugh McCrae, Jr. (“Petitioner”), has agreed to settle their claims against all defendants in exchange for a lump sum of $4,999.99. If approved, $1,249.99 will be used for attorney’s fees, leaving a balance of $3,750 for Brittney to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Claimant Israel McCrae (“Israel”), a minor, by and through their Guardian Ad Litem, Hugh McCrae, Jr. (“Petitioner”), has agreed to settle their claims against all defendants in exchange for a lump sum of $4,999.99. If approved, $1,249.99 will be used for attorney’s fees, leaving a balance of $3,750 for Israel to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Claimant Christopher McCrae (“Christopher”), a minor, by and through their Guardian Ad Litem, Hugh McCrae, Jr. (“Petitioner”), has agreed to settle their claims against all defendants in exchange for a lump sum of $4,999.99. If approved, $1,249.99 will be used for attorney’s fees, leaving a balance of $3,750 for Christopher 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.” (Cal. Rules of Court rule 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 25% of the total settlement, is fair and reasonable.

On December 22, 2022, the Court continued the hearing on Brittney’s Petition because there were no proposed orders for the Court on Judicial Council Forms MC-351 and MC-355. Petitioner was ordered to file the proposed orders as to all three petitions.

Petitioner has filed both the Order Approving Compromise (MC-351) and the Order to Deposit Funds in a Blocked Account (MC-355) as to all three petitions.

Accordingly, the three unopposed Petitions to Approve Minor’s Compromise are GRANTED.

The court sets an Order to Show Cause for Proof of Deposit of the Settlement Funds and Proof of a Request for Dismissal on _____________at _______ in Dept. 27.  No appearance will be required if these items have been filed and processed by the court before the hearing.   

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 30th day of January 2023