Judge: Lee S. Arian, Case: 22STCV31827, Date: 2023-11-02 Tentative Ruling

Case Number: 22STCV31827    Hearing Date: November 2, 2023    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:     November 2, 2023                             TRIAL DATE:  Vacated

CASE:                                Jamontae Darius Card v. Stadium Nissan, LLC, et al.

CASE NO.:                 22STCV31827

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Shawntay Herod

RESPONDING PARTY:     No opposition

            Claimant Jamontae Darius Card, a minor, by and through his parent and guardian ad litem Petitioner, Shawntay Herod has agreed to settle his claims against Defendant, Stadium Nissan LLC, Ken Garff Automotive LLC, Marvin Velasquez, Nile Valley Enterprises, and Fouad Yacoub, in exchange for $310,000.  If approved, $13,854.07 will be used for medical expenses, $77,500 will be used for attorney’s fees, and $7,080.48 will be used for other expenses, leaving a settlement balance of $201,565.45 for Claimant, to be deposited at Wells Fargo Bank in Los Angeles, CA, 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.)¿¿

            Upon review, the Court finds the settlement amount to be fair and reasonable.  The Court further finds that medical expenses are supported by documentation and the request for attorney’s fees is fair, reasonable, and consistent with the retainer agreement between Claimant and his counsel.  

            Accordingly, the Petition is GRANTED.  The Court sets an OSC re: Proof of Deposit (minor – Jamontae Darius Card) for December 14, 2023 at 8:30 a.m.¿ (Cal. Rules of Court, rule 7.953, subd. (a).)¿ If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.¿¿ 

            The OSC Re: Dismissal (Settlement) is CONTINUED to December 14, 2023 at 8:30 a.m.

Moving party to give notice. 

Dated:   November 2, 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.