Judge: Lisa R. Jaskol, Case: 19STCV46487, Date: 2023-10-11 Tentative Ruling

Case Number: 19STCV46487    Hearing Date: December 4, 2023    Dept: 28

Claimant Ethan Jin (“Claimant”) was attending Defendant Bernendo Street Baptist Church’s day care when he hit his head while unsupervised. As a result of the incident, Claimant suffered a laceration over his right eyebrow. 

This is Petitioner Zhe Jin’s second amended expedited petition for approval of a minor’s compromise.  An expedited petition is authorized by California Rules of Court, rule 7.950.5, if Petitioner uses the required Judicial Council forms and meets certain conditions. The conditions are: 

1. Petitioner is represented by an attorney. 

2. The claim is not for wrongful death. 

3. Settlement proceeds will not be placed in a trust. 

4. There are no unresolved liens. 

5. Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier. 

6. Petitioner’s attorney is not employed by or associated with a Defendant or insurance carrier in connection with the petition. 

7. If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined that the settlement is in good faith. 

8. The settlement, exclusive of interests and costs, is $50,000 or less OR if greater than $50,000, the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits AND the court does not otherwise order. 

SETTLEMENT: $25,000.00 

INJURIES: Laceration over right eye 

MEDICAL EXPENSES: $1,226.00 

COSTS: $7,936.13 

ATTORNEY’S FEES: $6,250.00, which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $10,791.46 

DISCUSSION: 

Petitioner has submitted a completed petition with all necessary attachments. The Court grants the petition. 

Petitioner requests that the net balance be deposited in an insured account at Chase Bank, 3731 Wilshire Boulevard, Los Angeles, CA 90010.  The Court orders the net balance so distributed. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of the pending claims of Ethan Jin filed by Petitioner Zhe Jin. The Court orders that the net balance be placed in an insured account at Chase Bank, 3731 Wilshire Boulevard, Los Angeles, CA 90010. 

The Court sets an OSC Re: Distribution of Net Settlement on February 5, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal of Case (Settlement) on February 5, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

Petitioner is ordered to give notice of this ruling. 

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.