Judge: Kerry Bensinger, Case: 21STCV44388, Date: 2023-02-10 Tentative Ruling

Case Number: 21STCV44388    Hearing Date: February 10, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Rosemary Gabriela Stokes (“Claimant”), a minor, by and through their Guardian Ad Litem, Yvette Reyna (“Petitioner”), has agreed to settle their claims against Defendant Fermin Oswaldo Ramirez Luquen in exchange for $14,500. If approved, $1,072.53 will be used for medical expenses, $3,625 will be used for attorney’s fees, and $428.77 will be used for nonmedical expenses, leaving a balance of $9,319.70 for Claimant 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 Court has reviewed the proposed settlement and finds that the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable. However, there is no evidence that L.A. Urgent Care & Multispecialty Center has agreed to accept $940 for its service instead of the billed $2,270.

The Court previously continued the hearing for Petitioner to submit proof of the reduced medical expenses. Petitioner has not submitted any documents.

Accordingly, the hearing on this petition is CONTINUED to _______________ at 1:30 p.m. so that Petitioner may submit the requested proof, which MUST be filed no later than _______________.

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 10th day of February 2023