Judge: Kerry Bensinger, Case: 21STCV31076, Date: 2023-04-24 Tentative Ruling

Case Number: 21STCV31076    Hearing Date: April 24, 2023    Dept: 27

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RITA RODARTE, et al,

                   Plaintiff(s),

          vs.

 

SOUTH GATE EXPRESS CAR WASH, et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 21STCV31076

 

[TENTATIVE] ORDER RE: EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE

 

Dept. 27

8:30 a.m.

April 24, 2023

 

Claimant Yoselin Gutierrez (“Claimant”), a minor, by and through her guardian ad litem, Rita Rodarte (“Petitioner”), has agreed to settle her claims against Defendants in exchange for $12,000.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) 

The petition cannot be approved.  The amount of the settlement payable to claimant (Item 11) and all other persons named in Item 12 is greater than $50,000. (See Items 11-12.)  As such, the petition does not qualify for expedited approval.  (Cal.Rules of Court, rule 7.950.5(a)(8).)  Court approval of the settlement must be by a noticed petition. 

Accordingly, the expedited petition is DENIED.

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 24th day of April 2023

 

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court