Judge: Kerry Bensinger, Case: 21STCV40662, Date: 2023-09-11 Tentative Ruling

Case Number: 21STCV40662    Hearing Date: September 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      September 11, 2023                                   TRIAL DATE:  Vacated

CASE:                                Lisa Macias, et al. v. Maria Socorro Lara, et al.

CASE NO.:                 21STCV40662

PETITIONS TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Lisa Macias

RESPONDING PARTY:     No opposition

            On July 20, 2023, Claimants, Brianna Lau (“Lau”) and Alexia Hernandez-Macias (“Hernandez-Macias”), minors, by and through their parent, Petitioner Lisa Macias, filed these petitions to approve compromises of pending action or proceeding with Defendant Maria Del Socorro Lara.  

            Claimant Lau has agreed to release her claims against Defendant in exchange for $5,000.  If approved, $181.76 will be used for medical expenses, $1,250 will be used for attorney’s fees, and $199.94 will be used for other expenses, leaving a balance of $3,368.30 for Claimant to be paid or delivered to Claimant’s parent, Petitioner Lisa Macias, without bond, on the terms and under the conditions specified in Probate Code sections 3401–3402.

            Claimant Hernandez-Macias has agreed to release her claims against Defendant in exchange for $5,000.  If approved, $800 will be used for medical expenses, $1,250 will be used for attorney’s fees, and $347.29 will be used for other expenses, leaving a balance of $2,602.71 for Claimant to be paid or delivered to Claimant’s parent, Petitioner Lisa Macias, 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.)¿¿

            The Court has reviewed the Petitions and finds the settlement amounts are fair and reasonable, as are the requests for attorney’s fees.  Accordingly, the Petitions are GRANTED.

Dated:   September 11, 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.