Judge: Kerry Bensinger, Case: 21STCV44388, Date: 2023-02-17 Tentative Ruling

Case Number: 21STCV44388    Hearing Date: February 17, 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.

Counsel has submitted evidence that L.A. Urgent Care & Multispecialty Center agreed to accept $940 for its service instead of the billed $2,270.

Accordingly, the Petitions to Approve Minor’s Compromise is 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 17th day of February 2023