Judge: Lee W. Tsao, Case: 20STCV08517, Date: 2023-10-04 Tentative Ruling
Case Number: 20STCV08517 Hearing Date: October 11, 2023 Dept: C
Tan, et al. v. superprint lithographics, et al.
CASE NO.: 20STCV08517
HEARING: 10/11/23 @ 10:30 AM
#5
The Petitions for Minor’s Compromise as to
Plaintiffs Liam Huang and Leanne Huang are GRANTED.
Petitioner to give NOTICE.
Plaintiffs Liam Huang and Leanne Huang are the
minor children of Petitioner Xishi Tan.
Petitioner seeks approval of her children’s compromise to settle this
matter.
This
is a wrongful death case arising from a workplace accident, involving Huolin
Huang (Decedent) at Defendant Superprint Lithographics, Inc. (Superprint). At
the time of the accident, Decedent was operating a die cutting machine owned by
Superprint and purchased from Defendant KO Tai International Development, Inc.
Plaintiff Xishi Tan is the wife of Decedent and Plaintiffs Liam Huang and
Leanne Huang are the minor children of Decedent.
The
Court approved Superprint’s Motion for Good Faith Settlement on May 17, 2023
pending the approval of Petitions for Minor’s Compromises for Plaintiffs Liam
Huang and Leanne Huang.
Legal
Standard
The
trial court must approve the settlement of a minor’s claim. (Probate Code §§
3500, 3600, et seq.; Code Civ. Proc., § 372.) Such a petition “must be verified
by the petitioner and must contain a full disclosure of all information that
has any bearing upon the reasonableness of the compromise.” (Cal. Rules of
Court, rule 7.950.) A petitioner must use Judicial Council-approved form MC-350
when submitting such a petition.
Discussion
The Court has reviewed the ¿Petitions for
Approval of Compromise of Claim for Minor submitted on behalf of Plaintiffs
Leanne Huang and Liam Huang¿. The Court finds that the settlement of
$500,000.00 is reasonably split among Plaintiffs as follows: $250,000.00 to
Plaintiff Xishi Tan, $125,000.00 to Minor Plaintiff Leanne Huang, and
$125,000.00 to Minor Plaintiff Liam Huang. Because this is a wrongful death
cause of action, there are no medical records or MediCal liens to consider.
Thus, the Petitions are GRANTED.
The Court has considered the Declaration of Charles
Ludd, Jr. in support of the fee request. The Court finds that on the current
record, and in consideration of the factors set forth in Cal Rules of Court,
Rule 7.955(b), a fee of 35% of the gross settlement is reasonable.
Additionally, Plaintiff’s Counsel seeks recovery of the $11,787.66 in costs
related to court filings, interpreter, deposition, subpoena, expert witness,
and mediation fees. Each Minor Plaintiff’s proportion of the costs is $2,946.92
and the attorney’s fees are $43,750.00, leaving a Net Settlement of $78,303.08 for
each Minor Plaintiff. The settlements are to be transferred to Plaintiff Xishi
Tan, their mother, to be deposited in a custodial account pursuant to the
California Uniform Transfers to Minors Act with Charles Schwab & Company.
The Court sets an OSC re proof of deposit of
each Minor’s Net Settlement in Dept. C, on January 17, 2024 at 9:30 AM.