Judge: Lee S. Arian, Case: 22STCV21504, Date: 2023-10-23 Tentative Ruling

Case Number: 22STCV21504    Hearing Date: October 23, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 23, 2023                               TRIAL DATE:  December 28, 2023

CASE:                                Mardell Gully, et al. v. Edward Lopez

CASE NO.:                 22STCV21504

PETITIONS TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Mardell Gully

RESPONDING PARTY:     No opposition

            Claimants, Olivia Gully (“Olivia”) and Avery Gully (“Avery”), minors, by and through their parent, Petitioner, Mardell Gully, have agreed to settle her claims against Defendant, Edward Lopez.

            These Petitions were reviewed on October 6, 2023.  The Court found the settlement amounts to be fair and reasonable, as well as the requests for attorney’s fees.  However, the Court could not approve the Petitions because they indicated at Item 18a(1) that there was a guardianship of the estate of each Claimant but did not establish the existence of the guardianships. 

            On October 13, 2023, Petitioner filed amended Petitions for Olivia and Avery.

            Claimant Olivia has agreed to release their claims against Defendant in exchange for $5,000.  If approved, $1,000 will be used for attorney’s fees, leaving a settlement balance of $4,000 to be paid or delivered to Petitioner, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.

            Claimant Avery has agreed to release their claims against Defendant in exchange for $5,000.  If approved, $1,000 will be used for attorney’s fees, leaving a settlement balance of $4,000 to be paid or delivered to Petitioner, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.

            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.)¿¿

            Petitioner has cured the defects noted in the Court’s previous order. 

            Accordingly, the Petitions are GRANTED.

Moving party to give notice. 

Dated:   October 23, 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.