Judge Kerry Bensinger, Case Number: 22STCV32133, Date: 2023-08-24 Tentative Ruling

Claimant, Nadya Valdez, a minor, by and through her parent, Petitioner Carlos Valdez, has agreed to settle her claims against Defendants, Jazmine Desarae Minor and Rosa Dilia Barrahona, in exchange for a lump sum of $27,500.

The Petition was heard on August 24, 2023. The Court could not approve the Petition because (1) Petitioner did not include proposed orders on Form MC-351 or MC-355; Item 18b(2) stated an incorrect settlement amount after deductions for medical expenses, attorney’s fees, and other expenses; and (3) Petitioner improperly indicated at Item 1 that was Claimant’s guardian ad litem when there was indication Petitioner had been appointed guardian ad litem.

On September 20, 2023, Petitioner filed an amended Petition. If approved, $4,375 will be used for medical expenses, $6,875 will be used for attorney’s fees, and $377.23 will be used for other expenses, leaving a balance of $15,872.77 for Claimant to be deposited at Wells Fargo Bank in San Fernando, California, 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 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.)¿¿

Petitioner has cured most of the defects noted in the Court’s previous order. Further, the Court finds the settlement amount and the request for attorney’s fees to be fair and reasonable, and the medical expenses and other expenses supported by sufficient documentation. However, the Petition cannot be approved. At Item 3 of Form MC-355, Petitioner indicates the settlement funds belonging to Claimant are to be deposited in a blocked account opened in the legal name of the petitioner as guardian ad litem of Claimant. Petitioner, however, has not yet been appointed guardian ad litem for Claimant.^{^[1]} Based on the filings in this matter, it appears Petitioner is Claimant’s father. Claimant may have the settlement funds deposited in a blocked account that is opened in the legal name of the Petitioner as the parent of Claimant.

Accordingly, the Petition is CONTINUED to October 24, 2023 at 1:30 PM. Petitioner is to file a revised petition consistent with this order no later than 5 court days before the hearing or wait for a ruling on Petitioner’s application to be appointed guardian ad litem for Claimant. The Court will not require Petitioner’s and Claimant’s attendance at the hearing.¿ (Cal. Rules of Court, rule 7.952, subd. (a).)¿

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.

[1] The Court notes the Petitioner has filed an Application and Order for Appointment of Guardian Ad Litem as to Nadya Valdez. Another department separately reviews and rules on guardian ad litem applications. Once a ruling approving or denying the application is rendered, it will appear in the electronic case file.