Judge: Latrice A. G. Byrdsong, Case: 23STLC04681, Date: 2023-11-09 Tentative Ruling
Case Number: 23STLC04681 Hearing Date: January 18, 2024 Dept: 25
Hearing Date: Thursday, January 18, 2024
Case Name: LA’RIAH PORTER WILLIAMS, a minor by and Through her Guardian ad litem LANEISHA PORTER v. ESTEFANI ASTORGA URIBE, an individual AND DOES 1-10 Inclusive
Case No.: 23STLC04681
Motion: Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor
Moving Party: Petitioner/ Guardian ad Litem, Laneisha Porter; Minor Claimant La’Riah Porter Williams
Responding Party: None
Notice: OK
Tentative Ruling: Petitioner/ Guardian ad Litem, Laneisha Porter’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor on behalf of Minor Claimant La’Riah Porter Williams is GRANTED.
and
ORDER TO SHOW CAUSE Re: Request for Dismissal of Entire Action are set for MARCH 27, 2024 at 9:30 a.m. in Department 25
of the Spring Street Courthouse.
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 January 04, 2024 [ ] Late [X] None
REPLY: None filed as of January 10, 2024 [ ] Late [X] None
BACKGROUND
On July 25, 2023, Laneisha Porter as guardian ad litem (“Petitioner”) for minor Plaintiff La’Riah Porter Williams (“Minor Plaintiff” or “Claimant”) filed an action against Defendant Estefani Astorge Uribe (“Defendant”) arising out of a motor vehicle accident that occurred on January 12, 2023. Petitioner alleges that Defendant collided into the vehicle in which Claimant was a rear passenger causing her injuries. Petitioner was appointed minor Claimant’s guardian ad litem on August 10, 2023.
On August 18, 2023, Petitioner filed a Petition to Confirm Minor’s Compromise as to Claimant: La’Riah Porter William, age 12.
On August 18, 2023, Petitioner filed the Order Approving Compromise and Order to Deposit Money into Blocked Account. On November 09, 2023, the Court, noting deficiencies with the Petition, continued the hearing till January 18, 2023.
On November 21, 2023, Petitioner filed the instant Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor.
No opposition has been filed.
MOVING PARTY POSITION
Claimant, who is 13 years old, has agreed to settle her claim against the Defendant for $9,517.00. As a result of a car accident that happened on January 12, 2023, Claimant suffered back pain and pain in Claimant’s left hand. Claimant received an emergency medical exam, x-rays and chiropractic care. Claimant has fully recovered from her injuries. A total of $5,869.86 will be deducted from the settlement proceeds reflecting $3,219.50 in medical expenses, $2,379.25 in attorney’s fees, and $ 271.11 in Court fees and costs, leaving Claimant with $3,647.14. The $3,647.14 will be deposited in insured accounts in one or more financial institutions in California, subject to withdrawal only upon the authorization of the Court.
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 – La’Riah Porter William, 13 years old
Guardian Ad Litem – Laneisha Porter
Defendant – Estefani Astorge Uribe
Settlement: $9,517.00
Attorney’s Fees: $2,379.25
Litigation and Other Costs: $271.11
Medical Bills: $3,219.50
TOTAL TO BE PAID TO MINOR: $3,647.14
General Requirements
· Petition on Form MC-350? YES
· Proposed Order on Form MC-351? YES
· Proof of service on other parties? YES
Type of injury, medical expenses
Claimant La’Riah Porter William complained of back Pain and left-hand pain. (Pet. p. 2, ¶¿6.) Claimant has a pre-existing left-hand injury prior to the accident (Id.) She received the following treatment: “Emergency medical exam; x-rays and chiropractic care.” (Id. at ¶ 7.) She has recovered completely and does not have any permanent injuries. (Id. at ¶ 8.)
· Medical records documenting injuries and treatment? Yes. (8/18/23 Pet., Attach. 8.)
· Negotiated reduction in medical liens? Yes. (11/21/23 Pet. p. 5, ¶ 12; Attach. 12b(5).)
· 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? “$3,647.14 be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court. The name, branch, and address of each depository are specified in Attachment 18b(2).” (8/18/23 Pet. p. 8, 18(b)(2).) Petitioner submits Attachment 18(b)(2), which identifies that the funds should be deposited to Banck of America. (Id. Attach. 18(b)(2).)
Attorneys’ Fees and Litigation Costs
· Attorneys’ fees requested? Yes, 25% of total settlement. (8/18/23 Pet., Attach. 13a, Lam Decl. ¶¶ 2,4.)
· If yes, attorney declaration including factors under CRC 7.955(b)? Declaration does not discuss any of the factors. (8/18/23 Petition, Lam Decl.)
· Copy of retainer agreement? Yes. (8/18/23 Pet., Attach. 17(a).)
· Litigation costs requested? Yes. (8/18/23 Pet., Attach. 13a, Lam Decl. ¶¶ 2, 6.)
· Itemized? Yes. (Pet. p. 5, ¶ 13b.)
In its prior decision the Court noted the following deficiencies with the Petition:
(1) Because Petitioner is also minor Claimant’s guardian ad litem, the guardian ad litem box in item 1 should be checked;
(2) Item 10(c) should be completed;
(3) Item 12(a) should be completed;
(4) Item 12(b)(5)(a)(ii) should state the amount of statutory lien;
(5) Item 12(b)(5)(b)(i) provides that $4245 was charged with a $1995.15 negotiated reduction, but lists $1995.15 as the amount to be paid from settlement (rather than $2249.85 after the reduction);
(6) Item 12(b)(5)(b)(ii) provides that $2605 was charged with a $1224.35 negotiated reduction, but lists $1224.35 as the amount to be paid from settlement (rather than $1380.65 after the reduction); and
(7) The reduction agreements should be included as Attachment 12b(5) to the Petition
(11/09/23 Minute Order.)
The Court notes that since issuing its order, Petitioner has filed a subsequent Petition on November 21, 2023, which corrects the deficiencies noted in the 11/09/23 Minute Order. Taken together with the petition filed on August 18, 2023, the Court finds the Petition sufficiently satisfies the requirements under CCP § 372.
For those reasons, the Court GRANTS the Petition submitted on behalf of Claimant La’Riah Porter Williams.
II. Conclusion
Petitioner/ Guardian ad Litem, Laneisha Porter’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor on behalf of Claimant La’Riah Porter Williams is GRANTED.
ORDER TO SHOW CAUSE Re: Proof of Deposit of Money Into Blocked Account
and
ORDER TO SHOW CAUSE Re: Request for Dismissal of Entire Action are set for MARCH 27, 2024 at 9:30 a.m.
in Department 25 of the Spring Street Courthouse.
Moving party is ordered to give notice and serve Respondent/Defendant with a consolidated version of the Petition which incorporates all required entries and attachments specified in the Court’s 11/9/23 Minute Order and reflected between Petitioner’s 8/18/23 and 11/21/23 Petitions.