Judge Latrice A. G. Byrdsong, Case Number: 23STLC04816, Date: 2023-11-16 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 23STLC04816, Date: 2023-11-16 Tentative Ruling

Case Number: 23STLC04816 Hearing Date: February 7, 2024 Dept: 25

Hearing Date: Wednesday, February 07, 2024

Case Name: ELANA ROGERS, et al v. JAY IN

Case No.: 23STLC04816

Motion: Petition to Confirm Minor's Compromise as to Minor Claimant Elana Rogers (Age 13)

Moving Party: Petitioner/ Guardian ad Litem, Edward Rogers; Minor Elana Rogers

Responding Party: None

Notice: OK

Tentative Ruling: Petitioner/ Guardian ad Litem, Edward Rogers’s Petition for Approval of Minor’s Compromise on behalf of minor Claimant Elana Rogers is GRANTED.

THE COURT SETS THE FOLLOWING:

ORDER TO SHOW CAUSE RE: PROOF OF DEPOSIT OF MONEY INTO BLOCKED

ACCOUNT

AND

ORDER TO SHOW CAUSE RE: DISMISSAL OF ENTIRE ACTION FOR

APRIL 11, 2024 AT 9:30 A.M. IN DEPT. 25 OF THE SPRING STREET

COURTHOUSE

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of January 25, 2024 [ ] Late [X] None

REPLY: None filed as of January 31, 2024 [ ] Late [X] None

BACKGROUND

On July 31, 2023, Plaintiff Elana Rodgers (“Minor Plaintiff” or “Claimant”), a minor by and through her Guardian Ad Litem Edward Rodgers, filed this action against Defendant Jay In (“Defendant”) and Does 1 to 5, inclusive, asserting one cause of action for motor vehicle negligence.

The Complaint alleges the following. On April 26, 2022, on Torrance Boulevard and Donora Avenue in Torrance, California 90503, the defendants so negligently and carelessly owned, operated, entrusted, and maintained their vehicle, causing it to collide with the vehicle in which Plaintiff Elana Rodgers was a passenger, proximately causing the plaintiff’s injuries.

On September 7, 2023, Guardian Ad Litem Edward Rodgers (“Petitioner”) filed his petition to approve the compromise of Minor Plaintiff Elana Rodgers (“Claimant”). On November 16, 2023, the Court continued the matter to January 04, 2024, at Petitioner’s request and ordered Petitioner to file and serve a supplemental declaration addressing the deficiencies identified by the Court.

On December 15, 2023, Petitioner filed his amended petition to approve minor’s compromise. No opposition was filed. Noting deficiencies with the petition, the Court on its own motion continued the hearing on the amended petition to February 07, 2024.

On January 29, 2024, Petitioner filed proof of service indicating that Respondent had been properly served with a copy of the Petition and notice of the hearing. Petitioner additionally filed his proposed order approving the petition and order to deposit money into blocked account forms.

No opposition has been filed.

MOVING PARTY POSITION

Claimant, who is 13 years old, has agreed to settle her claim against the Defendant and his Allstate Insurance policy for $19,940.68. As a result of the accident that happened on April 26, 2022, Claimant suffered neck and back injuries and damage to a tooth, requiring a root canal. Claimant was seen in an emergency room at Providence Little Company of Mary Medical Center. Claimant also received physical therapy and orthodontal treatment. Claimant has fully recovered from her injuries. Out of the settlement proceeds of $19,940.68, medical expenses of $3,489.04, attorney’s fees of $4,985.17 (25 percent of the settlement), and costs of $370 will be deducted, leaving Claimant with $11,096.47. The $11,096.47 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 – Elana Rogers, 13 years old

Guardian Ad Litem – Edward Rogers

Defendants – Jay In; Allstate Insurance

Settlement: $19,940.68

Attorney’s Fees: $4,985.17

Litigation and Other Costs: $370.00

Medical Bills: $3,489.04

TOTAL TO BE PAID TO MINOR: $11,096.47

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 Elana Rogers sustained soft tissue neck and back injuries, and damage to her tooth requiring root canal. (Pet. p. 2, ¶¿7.) She received the following treatment: “Seen in emergency room at Providence Little Company of Mary Medical Center; Physical therapy and orthodontal treatment.” (Id. at ¶ 8.) She has recovered completely and does not have any permanent injuries. (Ibid. at ¶ 9a.)

· Medical records documenting injuries and treatment? Yes. (Pet., Attach. 9.)

· Negotiated reduction in medical liens? Yes. (Pet. p. 5, ¶ 13(b)(5); Attach. 13b(5).)

· Injuries completely healed? Yes, Claimant has completely recovered and there are no permanent injuries. (Pet. p. 3, ¶ 9a.)

Handling of Funds

How are settlement funds to be disposed of? “$11,096.47 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 19b(2).” (Pet. p. 9, 19(b)(2).) Petitioner submits Attachment 19(b)(2), which identifies that the funds should be deposited to City National Bank. (Attach. 19(b)(2).)

Attorneys’ Fees and Litigation Costs

· Attorneys’ fees requested? Yes, Petition request $4,985.17 in Attorneys’ fees. (Stephen Grayson Decl. ¶¿6.)

· If yes, attorney declaration including factors under CRC 7.955(b)? Declaration does not discuss any of the factors. (Petition, Grayson Decl.)

· Copy of retainer agreement? Yes. (Attach. 18(a).)

· Litigation costs requested? Yes. Petition request $370.00 in litigation Cost. (Petition p. 6 ¶ 14(b).)

· Itemized? Yes. (Id.)

In its prior order, the Court noted that Petitioner corrects all outstanding deficiencies with the Petition as noted by the Court in its November 16, 2023, minute order. However, the Court found that the Petitioner did not provide the Court with evidence indicating that a copy of the amended petition, including the proposed order to deposit funds in a blocked account, was served on the Defendant. (01/04/24 Minute Order.)

Here the Court notes that Petitioner provides the Court with proof of service, indicating that service was rendered on Respondent by mail and by substituted service. Petitioner additionally provides the Court with a completed proposed order form for the motion as well as the order to deposit money into blocked account form. Thus, the Court finds that Petitioner has corrected all noted deficiencies with the Petition.

Therefore, for those reasons the Court GRANTS the Petition for Minor’s Compromise submitted on behalf of Minor Claimant Elana Rogers.

II. Conclusion

The hearing on the Petition for Approval of Minor’s Compromise on behalf of minor Claimant Elana Rogers is GRANTED.