Judge: Kevin C. Brazile, Case: 22STCV07958, Date: 2022-08-16 Tentative Ruling

Hearing Date: August 16, 2022

Case Name: Talamante v. Dignity Health, et al.

Case No.: 19STCV11385

Matter: Petition for Approval of Minor’s Compromise 

Moving Party: Guadalupe Soto for Claimant Pedro Talamante

Responding Party: Unopposed

Notice: OK

Ruling: The Petition is granted.

Moving party to give notice. 

On April 2, 2019, Plaintiff Pedro Talamante, by and through his guardian ad litem, Guadalupe Soto, filed the operative Complaint against Defendants Dignity Health, Jerry Abraham, M.D., Ellis Beesley, Jr., M.D., Natalie Ngaripin, PA-C, and Gary Chen, M.D. for medical malpractice arising out of the delay in treating Plaintiff’s elbow fracture, which allegedly caused permanent damage to Plaintiff’s arm.  

Plaintiff Talamante, a minor, by and through his guardian ad litem, Petitioner Soto, seeks to settle his claims against Defendants Dignity Health, Jerry Abraham, M.D., and Natalie Ngaripin, PA-C. 

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the Court finds the requested attorneys’ fees to be fair and reasonable.

In light of the foregoing, the Petition to Approve Minor’s Compromise is granted.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant’s appearance is not necessary, but will require Petitioner Soto to appear.

Moving party to give notice.