Judge: Laura A. Seigle, Case: 22STCV23800, Date: 2023-08-18 Tentative Ruling

Case Number: 22STCV23800    Hearing Date: December 28, 2023    Dept: 15

[TENTATIVE] ORDER RE PETITION FOR APPROVAL OF MINOR’S COMPROMISE

Claimant Kaleb Ashley (“Claimant”), a minor, by and through the guardian ad litem, Shaylan Ashley (“Petitioner”), has agreed to settle Claimant’s claims against Defendants Pfizer, Inc.; Kaiser Gypsum Company, Inc.; Soco-Lynch Corporation; 3M Company; Union Carbide Corporation; FMC Corporation; Hill Brothers Chemical Company; Parker-Hannifin Corporation; Honeywell International, Inc.; Amcord, Inc.; Genuine Parts Company; and IMO Industries, Inc.  The settlement amount for Claimant is to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

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

The following error appears in the Petition for Approval of Minor’s Compromise filed and lodged on November 29, 2023:

1.         Part 13.a of the Petition states Petitioner is seeking approval of $635,000 in attorney fees.  The court does not approve the attorney fees being paid by all plaintiffs, only the fees being paid by Claimant.  Because Claimant is entitled to 5% of plaintiffs’ share of the recovery, and because the attorney fees are deducted from the total settlement amount to determine plaintiffs’ share, Claimant is in effect covering 5% of the attorney fees ($31,750).  The court finds that Claimant’s share of the attorney fees is reasonable but does not make any findings about the other plaintiffs’ share of the fees. 

Otherwise, the unopposed Petition to approve minor’s compromise is GRANTED.  The court sets an Order to Show Cause for January 30, 2023 at 9 a.m. for proof of deposit in the blocked account.  (Cal. Rules of Court, Rule 7.953(a).)  If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Moving party to give notice.