Judge: Lee S. Arian, Case: 21STCV17846, Date: 2023-10-25 Tentative Ruling

Case Number: 21STCV17846    Hearing Date: January 26, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Moving Party: Petitioner Magdalena Guillen

Responding Party: No opposition

Claimant, Penelope Tran, a minor, by and through her parent, Petitioner Magdalena Guillen, has agreed to settle her claims against Defendant, Israel Tapia, in exchange for a lump sum of $12,000.  If approved, $3,075 will be used for medical expenses, and $4,000 will be used for attorney’s fees, leaving a balance of $4,925 for Claimant to be deposited at Bank of America in Glendale, California, subject to withdrawal only on 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 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.)¿¿

On January 16, 2024, Petitioner filed an amended Form MC-355 addressing and resolving the deficiencies identified by this Court on October 25, 2023.   

Accordingly, the Petition to Confirm Minor’s Compromise is GRANTED.

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’s 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 26th day of January 2024