Judge: Kerry Bensinger, Case: 21STCV42010, Date: 2023-08-25 Tentative Ruling

Case Number: 21STCV42010    Hearing Date: August 25, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 25, 2023                                 TRIAL DATE:  Vacated

CASE:                                Madison Edwards, et al. v. Jose Joel Sotelo, et al.

CASE NO.:                 21STCV42010

EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Lauren Bogar

RESPONDING PARTY:     No opposition

            On May 31, 2023, Claimants, Riley Edwards, a minor, by and through their parent and guardian ad litem, Petitioner, Lauren Bogar, has agreed to settle their claims against Defendants, Jose Joel Sotelo and Gloria Sotelo, in exchange for $5,500.  If approved, $325.63 will be used to reimburse counsel for other expenses and $500 will be used for attorney’s fees, leaving a balance of $4,674.37 for Claimant, to be deposited into a blocked account with Bank of America in Culver City, California, subject to withdrawal only upon authorization of the court.

            The Court reviewed the Petition on August 1, 2023 and found that Petitioner had not included an Order Approving the Compromise on Form MC-351 in support of the Petition.  The Court continued the Petition to allow Petitioner to file the required form.

            On August 2, 2023, Petitioner filed an Order Approving the Compromise on Form MC-351.

            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 Order Approving the Compromise.  The request for costs of $329.63 does not match the request for costs of $325.63 as stated in the Petition.  Accordingly, the Court approves only $325.63 of the settlement to be used to reimburse counsel for other expenses.  The Petition is GRANTED.

            The Court sets an OSC re: Proof of Deposit for September 27, 2023, at 8:30 a.m.¿ (Cal. Rules of Court, Rule 7.953, subd. (a).)¿ If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.¿¿ 

            Moving party to give notice. 

Dated:   August 25, 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.