Judge: Kerry Bensinger, Case: BC694072, Date: 2023-01-24 Tentative Ruling

Case Number: BC694072    Hearing Date: January 24, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

          This is an expedited petition to approve compromise of pending action of three minors: Reyna Herrera age nine, Divina Herrera age seven, and Dahlia Herrera age ten.  The hearing is set for January 24, 2023. 

          Claimant Reyna Herrera (“Claimant”), a minor, by and through their parent and guardian ad litem, Marybel Lorenzo, (“Petitioner”), has agreed to release their claims against Defendant Edilia Garcia in exchange for $900. If approved, $84.81 will be used to pay medical expenses, leaving a balance of $815.19 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

          Claimant Divina Herrera (“Claimant”), a minor, by and through their parent and guardian ad litem, Marybel Lorenzo, (“Petitioner”), has agreed to release their claims against Defendant Edilia Garcia in exchange for $900`. If approved, $19.19 will be used to pay medical expenses, leaving a balance of $880.81 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

          Claimant Dahlia Herrera (“Claimant”), a minor, by and through their their parent and guardian ad litem, Marybel Lorenzo, (“Petitioner”), has agreed to release their claims against Defendant Edilia Garcia in exchange for $900. If approved, $231.36 will be used to pay medical expenses and $15.00 will be used for non-medical expenses, leaving a balance of $653.64 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

II.          LEGAL STANDARD

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

(1)   The petitioner is represented by an attorney authorized to practice in the courts of this state;

(2)   The claim is not for damages for the wrongful death of a person;

(3)   Settlement proceeds will not be placed in a trust;

(4)   There are no unresolved liens to be satisfied from the proceeds of the settlement;

(5)   Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier;

(6)   Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition;¿ 

(7)   If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith;¿ 

(8)   The settlement, exclusive of interests and costs, is $50,000 or less¿

(9)   Or if greater than $50,000, the amount payable is the insurance policy limits and all¿ proposed contributing parties would be substantially unable to use assets other than the insurance policy limits; and 

(10)                       The court does not otherwise order.¿ 

(Cal Rules of Court, Rule 7.950.5.)

III.        DISCUSSION

           With respect to the expedited petitions of all three Claimants, the Minute Order of November 22, 2023 states, “The Court has reviewed the proposed settlement but cannot find it to be fair and reasonable on this record because there is no Attachment 13 providing any reasons for the apportionment of settlement proceeds between Claimant and the other plaintiffs.  In light of the foregoing, the Court sets a hearing on the Expedited Petition on January 24, 2023 at 1:30 p.m. in Department 27.  Any supporting paperwork must be filed by January 17, 2023.”

          As of today’s date, January 19, 2023, Petitioner has not filed any supporting paperwork per the instructions of the Minute Order of November 23, 2023.  

          Accordingly, the expedited petitions to approve compromise of pending action of minor Claimants are DENIED. 

IV.         CONCLUSION

          Petitioner’s expedited petitions to approve compromise of pending action of minor Claimants are DENIED.

          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 January 2023