Judge: Lisa R. Jaskol, Case: 19STCV13150, Date: 2024-03-27 Tentative Ruling
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Case Number: 19STCV13150 Hearing Date: March 27, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On April 16, 2019, Plaintiff Giulianna Thompson (“Plaintiff”), by her guardian ad litem Julius Thompson, filed this action against Defendants Glendale Unified School District (“Defendant”) and Does 1-100 for general negligence and negligent supervision of students.
On December 16, 2020, Defendant filed an answer.
On December 13, 2023, Plaintiff filed a notice of settlement.
On February 8, 2024, Petitioner Julius Thompson (“Petitioner”) submitted a petition for approval of minor’s compromise to be heard on March 1, 2024. The Court continued the hearing to March 27, 2024.
No trial date is currently scheduled.
PETITIONER’S REQUEST
Petitioner Julius Thompson asks the Court to approve the compromise of the pending action of Plaintiff Giulianna Thompson.
LEGAL STANDARD
“‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338; see Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)
To obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; see Cal. Rules of Court, rule 7.950.)
DISCUSSION
Proposed settlement information:
Gross settlement amount: $75,000.00
Total medical expenses:
$1,500.00
Medical expenses to be paid
or reimbursed from settlement proceeds: $1,500.00
Attorney’s fees: $18,750.00
Costs: $7,808.66
Net settlement amount: $ 46,941.34
Distribution of net settlement:
$46,941.34 to be invested in a single-premium
deferred annuity, subject to withdrawal only on authorization of the Court. The
terms and conditions of the annuity are specified in Attachment 18(A)(B) to
the petition.
Petitioner has submitted a complete application with all applicable information. The Court grants the petition.
CONCLUSION
The Court orders that the net settlement amount will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the Court. The annuity’s terms and conditions are specified in Attachment 18(A)(B) to the petition.
The Court sets an order to show cause re: dismissal (settlement) on May 24, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.
Petitioner is ordered to give notice of the ruling.
Petitioner is ordered to file the proof of service of the ruling with the Court within five days.