Judge: Lee S. Arian, Case: 19STCV23118, Date: 2023-10-27 Tentative Ruling

Case Number: 19STCV23118    Hearing Date: October 27, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 27, 2023                               TRIAL DATE:  Vacated

CASE:                                Lucero Santos, et al. v. Roosevelt Brown, II

CASE NO.:                 19STCV23118

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Lucero Santos

RESPONDING PARTY:     No opposition

            Claimant, Abby Cortes, a minor, by and through her parent and guardian ad litem, Petitioner, Lucero Santos, has agreed to settle her claims against Defendant Roosevelt Brown, II in exchange for $17,500.

            On June 14, 2023, the Court rejected the Petition because (1) there were inconsistencies on Form MC-350 regarding the request for medical costs and Claimant’s settlement balance, (2) Petitioner had not filed an Order to Deposit Funds Into Blocked Account (Form MC-355), (3) Petitioner did not include Attachment 19b(2) indicating to which financial institution the settlement proceeds were to be deposited, and Petitioner had not submitted a proposed Order Approving the Petition (Form MC-351).

            On July 3, 2023, Petitioner filed an Order to Deposit Funds Into Blocked Account (Form MC-355) and a proposed Order Approving the Petition (Form MC-351).  The Court reviewed the filing on July 13, 2023 and found that the Petition could not be approved because (1) Petitioner did not file a new Petition consistent with Forms MC-355 and MC-351, and (2) Items 6, 10, and 11 of Form MC-351 had not been completed.

            On August 7, 2023, Petitioner filed an amended Petition.  The Court reviewed the filing on August 28, 2023 and found that the Petition could not be approved because it was not clear from the Petition whether the settlement balance was to be deposited in a blocked account or invested in an annuity.  Specifically, Petitioner had selected Item 19b(3) to indicate the settlement balance was to be invested in an annuity.  However, Form MC-355 indicated the settlement balance was to be deposited in a blocked account.  Moreover, Petitioner had not provided information for either the purchase of an annuity or the financial institution where the money was to be deposited.

            On September 14, 2023, Petitioner filed an amended Petition.  The Court could not grant the Petition because it contained the same defects as the previous Petition.

            On October 9, 2023, Petitioner filed another amended Petition.  If approved, $6,312.50 will be used for medical expenses, leaving a settlement balance of $11,187.50 for Claimant, to be deposited at American Business Bank in Los Angeles, California, subject to withdrawal only on authorization of the court.  Counsel has waived attorney’s fees.

            Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.”¿ (Cal. Rules of Court, rule 7.950.)¿¿

            Petitioner has cured the defects noted in the Court’s previous orders.  The motion complies with California Rules of Court, rule 3.1362. 

            Accordingly, the Petition is GRANTED.  The Court sets an OSC re: Proof of Deposit (minor –Abby Cortes) for December 15, 2023 at 8:30 a.m.¿ (Cal. Rules of Court, Rule 7.953, subd. (a).)¿ If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.¿¿ 

            The OSC Re: Dismissal (Settlement) – Conditional as to Entire Action is CONTINUED to December 15, 2023 at 8:30 a.m.  The OSC Re: Sanctions of $250 is DISCHARGED.

Moving party to give notice. 

Dated:   October 27, 2023                                         ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.