Judge Lee S. Arian, Case Number: 23STCV19166, Date: 2024-02-27 Tentative Ruling

This is an action arising from Plaintiff Coda Joseph Baker slipping and falling while at school due to leaking water from the gym’s roof. On August 11, 2023, Plaintiff Coda Joseph Baker, a minor by and through his guardian ad litem, William Baker filed a complaint against Defendants Los Angeles Unified School District (“Defendant”) and DOES 1 to 100, inclusive, alleging a single cause of action for premises liability.

On August 16, 2023, William Baker was appointed as Guardian Ad Litem for Coda Joseph Baker.

On February 7, 2024, Parent and Guardian Ad Litem William Baker (“Petitioner”) filed the instant Petition to Approve Compromise of Pending Action (the “Petition”) on behalf of Claimant Coda Joseph Baker (“Claimant”).

Initially, the Court notes that the proof of service shows that the Petition was served on Richard Jensen of George Hills Insurance Company who is purported to be an agent for Defendant. The proof of service states that the Petition was served via e-mail or electronic service; however, the proof of service does not provide an e-mail or electronic service address and instead sets forth an address of PO Box 278, Rancho Cordova, CA 95741 as the address to which service was effectuated. The Court thus has doubts as to whether service was: (1) effectuated by e-mail or electronic means; and (2) effectuated on the proper party as counsel for Defendant was not served with the Petition.

“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).)

Claimant, a minor, by and through his Guardian Ad Litem, Petitioner, has agreed to settle his claims against Defendant for $80,000.00. If approved, $2,059.80 will be used for medical expenses[1], $20,000.00 will be used for attorney’s fees, and $1,141.39 will be used for costs and filing fees, leaving a balance of $56,798.81 for Claimant to be deposited in insured accounts at one or more financial institutions in this state, subject to withdrawal only on authorization of the Court. (Petition, ¶18(b)(2).) Attachment 18b(2) indicates that the funds with be deposited at Chase Bank’s La Brea Branch located at 7073 Santa Monica Boulevard, West Hollywood, CA 90038. (Petition at Attachment 18(b)(2).)

The Court finds that the requested attorney’s fees, which amount to 25% of the total settlement, are fair and reasonable.

The Court, however, cannot grant the Petition. The Court notes that the Petition is not signed by the Petitioner and has the above-identified discrepancy concerning the amount of Claimant’s medical expenses to be paid from the proceeds.

Moreover, as stated above, the Court has concerns as to whether Defendant was actually served via e-mail or electronic service as no e-mail or electronic service address is set forth on the proof of service as to the Petition.

The Petition is therefore DENIED WITHOUT PREJUDICE. Petitioner is ordered to correct the deficiencies noted above, and the Court sets a new hearing date to approve the Petition for March XX, 2024, at 1:30 p.m.

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.

Hon. Lee S. Arian

Judge of the Superior Court

[1] The Court notes that there is a discrepancy in the Petition as paragraph 12 therein states that only $1,720.50 will be paid or reimbursed from the proceeds of the settlement or judgment. (Petition, ¶ 12(a)(4).) Paragraph 16, however, states that $2,059.80 is the amount of medical expenses to be paid from the proceeds of settlement or judgment. (Petition, ¶16(b).)