Judge: Lee S. Arian, Case: 19STCV42898, Date: 2023-12-12 Tentative Ruling

Case Number: 19STCV42898    Hearing Date: December 12, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Osman Argueta (“Claimant”), a minor, by and through their Guardian Ad Litem, Liliana Granadillo (“Petitioner”), has agreed to settle his claims against Defendant MNE Investments, LLC in exchange for $975,000.00.  If approved, $23,075.40 will be used for medical expenses,  $390,000.00 will be used for attorney’s fees, and $205,533.13 will be used for non-medical expenses, leaving a balance of $356,391.47 for Claimant, $50,000 to be deposited in an insured account, subject to withdrawal only on authorization of the court and $306,391.47 to be invested in a single-premium deferred annuity, also 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 Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 40% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for ________________ for proof of deposit.  (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.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant’s appearance is not necessary but will require Petitioner to appear.

Moving party to give notice.

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.

  Dated this 12th day of December 2023