Judge: Lee S. Arian, Case: 20STCV46578, Date: 2024-02-14 Tentative Ruling

Case Number: 20STCV46578    Hearing Date: February 14, 2024    Dept: 27

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

HOLLY JOHNSON, et al.,

                   Plaintiffs,

          vs.

 

MADELINE STEIN,

 

                   Defendant.

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      CASE NO.: 20STCV46578

 

[TENTATIVE] ORDER RE: PETITION FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH DISABILITY

 

Dept. 27

1:30 p.m.

February 14, 2024

 

Claimant TOSH JOHSON (“Claimant”), a minor, by and through their Guardian Ad Litem, HOLLY JOHNSON (“Petitioner”)[1], has agreed to settle their claims against Defendant MADELINE STEIN in exchange for $175,000.  If approved, $22,072.11 will be used for medical expenses (comprised of $15,614.53 for reimbursements and $6,457.58 in statutory or contractual liens), $43,750.00 will be used for attorney’s fees, and $2,604.45 will be used for non-medical expenses, leaving a balance of $106,573.44 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.[2]

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 25% 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 14th of February 2024

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court

 

 


[1] Petitioner’s counsel indicates that Petitioner has changed her last name to Allin. (Ercolani Decl., ¶ 4.)

[2] The Court notes that paragraph 16 of the Petition totals numbers on the left side of the column in a way that is somewhat confusing. For example, paragraph 12, subdivisions (a)(4) and (a)(5) list medical expenses for reimbursement as totaling $15,614.53 and statutory or contractual liens as $6,457.58, but paragraph 16, subdivision (b) lists only $3,124.25.  (Petition, ¶¶ 12, subd. (a), 16.)  The non-medical expenses section under paragraph 16, subdivision (d) lists $18,947.86, but paragraph 13, subdivision (b), lists only $2,604.45 in non-medical expenses.  (Petition, ¶¶13, subd. (b), 16.)  Petitioner also seems to have combined litigation expenses with the attorney’s fees in paragraph 16, subdivision (c).  (Petition, ¶ 16, subd. (c).)  Nevertheless, the net balance of proceeds payable to Claimant still adds up to $106,573.44, which matches the Court’s calculations.