Judge: Lee S. Arian, Case: 21STCV21684, Date: 2023-11-03 Tentative Ruling

Case Number: 21STCV21684    Hearing Date: November 3, 2023    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:     November 3, 2023                             TRIAL DATE:  Vacated

CASE:                                Robert Grijalva, et al. v. Angel Chavez, et al.

CASE NO.:                 21STCV21684

EXPEDITED PETITIONS TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Juana Martinez Rodriguez

RESPONDING PARTY:     No opposition

            Claimants Robert Grijalva Jr. and Melis Grijalva, minors, by and through their parent and guardian ad litem, Petitioner, Juana Martinez Rodriguez, have agreed to settle their claims against Defendants Angel Chavez and Uber Technologies, Inc.

            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.)¿¿

            The Petitions cannot be approved.¿They are filed as expedited approvals of compromises and indicate that they qualify under Item 3g(1).¿ However, the amount of the settlement payable to Claimants and all other persons named in Item 13 exceeds $50,000.¿ (See Items 12-13.)¿¿ The Court also notes that the Petitions indicate at Item 19a that there is a guardianship of the estate of each minor.  However, Petitioner provides only the case number for this action.  If there is no guardianship, Petitioner is to select Item 19b and one of the sub-options therein.

            Based on the foregoing, the Petitions are DENIED without prejudice.  Petitioner must reserve hearings for a Petition to Confirm a Minor’s Compromise for each Claimant and use Form MC-350.  The Court will not require Petitioner’s and Claimant’s attendance at the hearing.  (Cal. Rules of Court, rule 7.952, subd. (a).)  

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Moving party to give notice. 

Dated:   November 3, 2023                                      ___________________________________

                                                                                    Lee S. Arian

                                                                                    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.