Judge: Lee S. Arian, Case: 22STCV00276, Date: 2023-11-09 Tentative Ruling

Case Number: 22STCV00276    Hearing Date: January 17, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner Enos Rodriguez Mora     

RESPONDING PARTY: Unopposed

I.            INTRODUCTION

This is an action arising from a motor vehicle accident that occurred on January 16, 2021. On January 4, 2022, Plaintiffs Enos Rodriguez Mora, Stephanie Rodriguez, Enoc Rodriguez, Eduardo Rodriguez, and Christopher Rodriguez (“Plaintiffs”) filed a complaint against Defendants Vigen Kirakosyan and Does 1 to 10 alleging causes of action for: (1) Motor Vehicle; and (2) General Negligence.

On January 5, 2022, Enos Rodriguez was appointed as Guardian Ad Litem for Stephanie Rodriguez.

On November 20, 2023, Parent and Guardian Ad Litem Enos Rodriguez Mora (“Petitioner”) filed the instant Petition to Approve Compromise of Pending Action on behalf of Claimant Stephanie Rodriguez (“Claimant”).

II.    LEGAL STANDARD

        “When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).)  

III.    DISCUSSION

          Claimant, a minor, by and through her Guardian Ad Litem, Petitioner, has agreed to settle her claims against Defendant Vigen Kirakosyan in exchange for $5,000 arising from a car accident. If approved, $1,775.00 will be used for medical expenses and $1,666.66 will be used for attorney’s fees, leaving a balance of $1,558.34 for Claimant to be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate sections 3401-3402. Attachment 18b(5) indicates that the disposition of the balance will be disbursed to Enos Rodriguez Mora.  

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 33% of the total settlement, is fair and reasonable.

Also, given the lack of opposition to the Petition, there is an inference it has merit. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

          The unopposed Petition is GRANTED.  

IV.     CONCLUSION

Accordingly, the Court GRANTS the Petition.

The Court sets an OSC for 2/7/2024 for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of financial 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 Claimants 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 is ordered to give notice of this ruling.

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 17th day of January 2024