Judge: Lee S. Arian, Case: 20STCV02815, Date: 2023-10-27 Tentative Ruling

Case Number: 20STCV02815    Hearing Date: October 27, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 27, 2023                   TRIAL DATE:  Vacated

CASE:                                Patricia Knox v. Rosalind Wesey, et al.

CASE NO.:                 20STCV02815

PETITION TO CONFIRM COMPROMISE WITH SPECIAL NEEDS TRUST

MOVING PARTY:               Petitioner Danny Barnes

RESPONDING PARTY:     No opposition

            Claimant, Patricia Ann Knox, a person with a disability, by and through her guardian ad litem, Petitioner, Danny Barnes, has agreed to settle her claims against Defendants Rosalind and Akindeji Wesey in exchange for $300,000.  If approved, $15,549.38 will be used for medical expenses, $120,000 will be used for attorney’s fees, $67,886.36 will be used for other expenses, leaving a balance of $112,113.64, to be paid or transferred to the trustee of a special needs trust established under Probate Code section 3604 for the benefit of the Claimant.

            After the Probate Department reviewed the Petition, the Court issued a ruling on August 4, 2023.  The Court could not approve the Petition because Petitioner sought to establish a “pooled” special needs trust but provided only the joinder agreement and illegible “screenshots” of other documents.  The Court continued the Petition and ordered Petitioner to file the master agreement, joinder agreement, and all relevant documents, as well as legible copies of any document relevant to the creation of the proposed trust.

            On August 7, 2023, Petitioner lodged the proposed trust instrument and related documents.  The proposed trust instrument and related documents were reviewed on September 21, 2023.  However, the Court could not approve the Petition for defects in the joinder agreement and proposed order.

            On October 12, 2023, Petitioner filed a second amended joinder agreement and amended proposed order.

            The Probate Department has reviewed the amended joinder agreement and proposed order.  The proposed trust instrument now meets the requirements pursuant to California Rules of Court, rule 7.903(c) and Los Angeles Superior Court rule 4.116(b). 

            The Court makes the following findings. 

·         The settlement and request for attorney’s fees to be fair and reasonable. 

·         Petitioner had substantiated the request to use $67,886.36 of the settlement to pay for other expenses. 

            As required by Probate Code section 3604, subdivision (b), the Court makes the following findings:[1]

            1. Claimant has a disability that substantially impairs her ability to provide for her own care or custody and constitutes a substantial handicap.

            2. Claimant is likely to have special needs that will not be met without the trust.

            3.  The money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet Claimant’s special needs.

             In sum, the proposed may be created and funded.

            Accordingly, the Petition is GRANTED.  The Court will require the trustee to submit $130,000 bond to Department 27 of Spring Street Courthouse.  The Court sets the first trust accounting for December 27, 2024.  

            Additionally, the Court sets an OSC re: Status of Probate Case on December 27, 2023 at 8:30 a.m. in Department 27 of Spring Street Courthouse to determine if Petitioner has filed proof in the civil case that the trust file has been opened in the Probate Department of the Los Angeles Superior Court.  

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.