Judge: Latrice A. G. Byrdsong, Case: 22STLC05622, Date: 2024-03-19 Tentative Ruling

Case Number: 22STLC05622    Hearing Date: March 19, 2024    Dept: 25

Hearing Date:                         Tuesday, March 19, 2024

Case Name:                             JULIANA VIVEROS, et al v. JENNIFER STEPHANIE HUEZO QUINTANILLA

Case No.:                                22STLC05622

Motion:                                   Petition to Approve Minor's Compromise of Disputed Claim

Moving Party:                         Petitioner/ Guardian ad Litem, Juliana Viveros; Minor Claimant Roberto Rivas

Responding Party:                   None

Notice:                                    NO

Tentative Ruling:                    Petitioner/ Guardian ad Litem, Juliana Viveros’s Petition to Approve Minor's Compromise of Disputed Claim on behalf of Minor Roberto Rivas is CONTINUED TO APRIL 23, 2024 at 10:00 a.m. in Department 25 of the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the issuance of service of the motion on Defendant/Respondent as well as the other deficiencies noted in the Court’s Order. Failure to do so will result in the Motion being placed off calendar or denied.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                      NO

[X] Correct Address (CCP §§ 1013, 1013a)                                      NO

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                       NO

OPPOSITION:          None filed as of March 06, 2024                    [   ] Late          [X] None 

REPLY:                     None filed as of March 12, 2024                    [   ] Late          [X] None 

BACKGROUND

On August 25, 2022, Plaintiff Juliana Viveros (“Plaintiff”/ “Petitioner”) and minor Plaintiff Roberto Rivas (“Minor Claimant” or “Claimant”) filed a motor vehicle action against Defendant Jennifer Stephanie Huezo Quintanilla (“Defendant”) for property damage and personal injury resulting from a motor vehicle accident that occurred on October 14, 2021. Plaintiff Juliana Viveros was appointed Claimant Roberto Rivas’s guardian ad litem on September 21, 2022.

Defendant filed her Answer to the Complaint on November 18, 2022.

On January 23, 2024, Petitioner filed notice that the parties had reached an unconditional settlement agreement on November 22, 2023.

On January 23, 2024, Petitioner the instant Petition to Approve Compromise of Disputed Claim as to Minor Claimant: Roberto Rivas (Age 16) (“Petition”).

No opposition has been filed.

MOVING PARTY POSITION

Claimant, who is 16 years old, has agreed to settle his claim against the Defendant for $7,500.00. As a result of a car accident that happened on October 14, 2021, Claimant suffered sprains to his neck and lower back. Claimant received physio-chiropractic treatment and now asserts he has fully recovered from his injuries. Out of the settlement proceeds of $7,500.00, medical expenses of $2,500.00, and attorney’s fees of $2,500.00 will be deducted, leaving Claimant with $2,500.00. The $2,500.00 will be delivered to Juliana Viveros, the parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.

OPPOSITION

            No opposition has been filed.

REPLY

            No reply has been filed.

ANALYSIS

I.          Legal Standard

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid.  [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)  A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372(a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code § 3500.  

Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.) 

Under Probate Code § 3505, if a petition is unopposed, the Court must issue a decision on the petition at the conclusion of the hearing. 

II.        Discussion   

Minor – Roberto Rivas, 16 years old 

Guardian Ad Litem – Juliana Viveros 

Defendant – Jennifer Stephanie Huezo Quintanilla 

Settlement:                                          $7,500.00 

Attorney’s Fees:                                  $2,500.00 

Litigation and Other Costs:                $0.00 

Medical Bills:                                      $2,500.00 

TOTAL TO BE PAID TO MINOR: $2,500.00 

General Requirements 

·         Petition on Form MC-350?                             YES 

·         Proposed Order on Form MC-351?                YES 

·         Proof of service on other parties?                       NO 

Type of injury, medical expenses 

Claimant Roberto Rivas suffered sprains to his neck and lower back. (Pet. p. 2, ¶¿6.) Claimant received physio-chiropractic treatment. (Id. at ¶ 7; Attach. 8.) The Complaint asserts that Claimant has recovered completely and does not have any permanent injuries. (Id. at ¶ 8.) 

·         Medical records documenting injuries and treatment?  Yes. (Pet., Attach. 8.) 

·         Negotiated reduction in medical liens?  Yes. (Pet. p. 4, ¶ 12(a)(3).) 

·         Injuries completely healed?  Yes, Claimant has completely recovered and there are no permanent injuries.  (Pet. p. 2, ¶ 8.) 

Handling of Funds 

How are settlement funds to be disposed of?  “$2,500.00 to be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402. The name and address of the parent and the money or other property to be delivered are specified in Attachment 18b(5).” (Pet. p. 8, 18(b)(5).)  Petitioner submits Attachment 18(b)(5), which identifies that the funds should be deposited to Juliana Viveros, who’s address is 13032 Kamloops St., Pacomia, CA 91331. (Attach. 18(b)(5).)

Attorneys’ Fees and Litigation Costs 

·         Attorneys’ fees requested?  Yes, 33% of total settlement.  (Attach. 17(a) p. 23.) 

·         If yes, attorney declaration including factors under CRC Rule 7.955(b)?  Declaration does discuss the factors under CRC Rule 7.955(b). (Petition, Daniel F. Jimenez Decl.) 

·         Copy of retainer agreement? Yes. (Attach. 17(a).) 

·         Litigation costs requested?  No.

·         Itemized?  N/A  

Here, the Court notes the following deficiencies with the Petition:

(1)   Petitioner does not provide the Court with proof of service, indicating that service was rendered on Respondent by mail and by substituted service;

(2)   The Petition does not provide a medical statement, such as a doctor’s note indicating that Claimant has completely healed from his injury as required;

(3)   The Petitioner appears to erroneously mark box 11(a) instead of 11(b) indicating that Defendant has offered to pay money a person other than the claimant. Here, the Petitioner completes line 11(b)(3) indicating that Petitioner is a plaintiff in the same action and includes Attachment 11(b)(3) detailing the settlement payment to others. Thus, Petitioner should check line 11b and additionally complete line 11b(5) with Petitioner’s name and the amount of her settlement.  Petitioner should also include Attachment 11b(6) detailing the reasons for apportionment of the settlement payments between the minor claimant and petitioner per the instructions on that line; and

(4)   The Court notes a discrepancy with the stated amount for Attorney’s fees. Here, the Fee Agreement stipulates that Petitioner’s attorney will receive 33% of the settlement amount in attorney’s fees. The stated amount of $2,500.00 does not equate to 33% of the $7,500 settlement.

Therefore, for those reasons the Court CONTINUES the Petition for Minor’s Compromise submitted on behalf of Minor Claimant Roberto Rivas.

II.        Conclusion

            Petitioner/ Guardian ad Litem, Juliana Viveros’s Petition to Approve Minor's Compromise of Disputed Claim on behalf of Minor Roberto Rivas is CONTINUED TO APRIL 23, 2024 at 10:00 a.m. in Department 25 of the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted above. Failure to do so will result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.