Judge: Kerry Bensinger, Case: 22STCV20377, Date: 2023-08-30 Tentative Ruling

Case Number: 22STCV20377    Hearing Date: August 30, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 30, 2023                                 TRIAL DATE:  December 20, 2023

CASE:                                Oliver Khan, et al. v. Todd Fertig

CASE NO.:                 22STCV20377

PETITION TO APPROVE MINOR’S COMPROMISE 

MOVING PARTY:               Petitioner Carrie Khan

RESPONDING PARTY:     No opposition

            Claimant, Oliver Khan, a minor, by and through her parent and guardian ad litem, Petitioner, Carrie Khan, has agreed to settle her claims against Defendant, Todd Fertig, in exchange for a lump sum of $250,000.  If approved, $65,868.81 will be used for medical expenses, $62,500 will be used for attorney’s fees, and $3,627.50 will be used for other expenses, leaving a settlement balance of $118,003.69 for Claimant, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  The details of the annuity are specified at Attachment 18b(3) of the Petition and Attachment 8b(2) of the proposed Order (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 Court has reviewed the Petition and finds the settlement is fair and reasonable, as is the request for attorney’s fees.  Accordingly, the Petition is GRANTED.

            The Court sets an OSC re: Purchase of Annuity for October 30, 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 30, 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.