Judge: Lee S. Arian, Case: 22STCV32133, Date: 2023-10-24 Tentative Ruling
Case Number: 22STCV32133 Hearing Date: October 24, 2023 Dept: 27
Tentative Ruling
Judge Kerry Bensinger, Department 27
HEARING DATE: October 24, 2023 TRIAL DATE: March
29, 2024
CASE: Selena Valdez, et al. v. Jazmine Desarae Minor, et al.
CASE NO.: 22STCV32133
PETITION
TO APPROVE MINOR’S COMPROMISE
MOVING PARTY: Petitioner
Carlos Valdez
RESPONDING PARTY: No opposition
Claimant,
Nadya Valdez, a minor, by and through her parent, Petitioner Carlos Valdez, has
agreed to settle her claims against Defendants, Jazmine Desarae Minor and Rosa
Dilia Barrahona, in exchange for a lump sum of $27,500.
The
Petition was heard on August 24, 2023.
The Court could not approve the Petition because (1) Petitioner did not
include proposed orders on Form MC-351 or MC-355; Item 18b(2) stated an
incorrect settlement amount after deductions for medical expenses, attorney’s
fees, and other expenses; and (3) Petitioner improperly indicated at Item 1
that was Claimant’s guardian ad litem when there was indication Petitioner had
been appointed guardian ad litem.
On
September 20, 2023, Petitioner filed an amended Petition. The amended Petition was heard on September
28, 2023. The Court noted that
Petitioner had cured most of the previous defects. The Court also found the settlement amount
and the request for attorney’s fees to be fair and reasonable. However, the Court could not approve the
Petition because Petitioner indicated at Item 3 of Form MC-355 that the
settlement funds belonging to Claimant were to be deposited in a blocked
account opened in the legal name of the petitioner as guardian ad litem of
Claimant. Petitioner had not been
appointed Claimant’s guardian ad litem yet.
On
October 18, 2023, Petitioner filed an amended Petition and Form MC-355. If
approved, $4,375 will be used for medical expenses, $6,875 will be used for
attorney’s fees, and $377.23 will be used for other expenses, leaving a balance
of $15,872.77 for Claimant to be deposited at Wells Fargo Bank in San Fernando,
California, subject to withdrawal only upon 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.)¿¿
Petitioner
has cured the defect noted in the Court’s previous order. Petitioner now indicates at Item 3 of Form
MC-355 that the settlement funds belonging to Claimant are to be deposited in a
blocked account opened in the legal name of the petitioner as parent of
Claimant.
Accordingly,
the Petition is GRANTED. The Court sets
an OSC re: Proof of Deposit (minor – Nadya Valdez) for December 15, 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.¿¿
Moving
party to give notice.
Dated: October 24,
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.