Judge: Kerry Bensinger, Case: 22STCV15517, Date: 2023-03-24 Tentative Ruling

Case Number: 22STCV15517    Hearing Date: March 24, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          Claimant L.M. (“Claimant”), a minor, by and through their parent and guardian-ad-litem, Kevin Meehan (“Petitioner”), agrees to release their claims against Defendants Culver City Unified School District and El Marino Elementary School (collectively, “Defendants”) for injuries Claimant sustained to her knee when stepping into an uncovered manhole/irrigation valve on the El Marino campus.  Under the proposed settlement, Defendants agree to pay $150,000 to Claimant.

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

If approved, $7,607.45 will be used to pay medical expenses, $45,000 will be used to pay for attorney’s fees, and $1,505.99 will be used to pay additional expenses, leaving a balance of $95,886.56 to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  The terms and conditions of the annuity are specified in Attachment 18b(3).

Counsel for Plaintiff seeks attorney’s fees in the amount of $45,000, representing 30% of the proposed settlement, and which is less than the 35% provided for under the retainer agreement.  The Court finds the attorney’s fee award is reasonable.

Based on the foregoing, the Petition for Approval of Minor’s Compromise is GRANTED.  The Court sets an OSC for May 8, 2023 at 8:30 a.m. in Department 27 of the Spring Street Courthouse for proof of deposit/purchase of annuity.  (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.

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 March 2023