Judge: Kerry Bensinger, Case: 22STCV28461, Date: 2023-10-11 Tentative Ruling

Case Number: 22STCV28461    Hearing Date: October 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 11, 2023                               TRIAL DATE:  Vacated

CASE:                                Marili Arellano, et al. v. Demetrius Watson

CASE NO.:                 22STCV28461

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Marili Arellano

RESPONDING PARTY:     No opposition

            Claimant, Esther Granados, a minor, by and through her parent and guardian ad litem, Petitioner, Marili Arellano, has agreed to settle her claims against Defendant Demetrius Watson in exchange for $12,500.  If approved, $54.24 will be used for medical expenses, $3,125 will be used for attorney’s fees and $257 will be used for other expenses, leaving a settlement balance of $9,063.76 for Claimant to be deposited at Bank of America, in Long Beach, California, subject to withdrawal only on 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 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.)¿¿

            Upon review, the Court finds the settlement balance is fair and reasonable, as is the request for attorney’s fees.  Further, the medical expenses and other expenses are supported by documentation.

            Accordingly, the unopposed Petition is GRANTED.  The Court sets an OSC Re: Proof of Deposit (minor –Esther Granados) for December 11, 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.

            The OSC Re: Dismissal (Settlement) scheduled for November 1, 2023 at 9:30 a.m. is CONTINUED to December 11, 2023 at 8:30 a.m.

Moving party to give notice. 

Dated:   October 11, 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.