Judge: Lisa R. Jaskol, Case: 20STCV11994, Date: 2023-08-07 Tentative Ruling

Case Number: 20STCV11994    Hearing Date: August 7, 2023    Dept: 28

Claimant Xochitl Robles (“Claimant”) was travelling as a passenger in a vehicle when Defendant made an unsafe turn and collided into the subject vehicle. As a result of the incident, Claimant experienced right knee pain and anxiety. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Martha Santillan-Espinoza (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. 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 to be satisfied from the proceeds of the settlement.

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 that have appeared are participating in the compromise OR the court has determined the settlement to be 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: $15,833.33 

INJURIES: Right knee pain and anxiety 

MEDICAL EXPENSES: $3,575.00 

COSTS: $1,746.60 

ATTORNEY’S FEES: $3,958.25, which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $6,553.48 

DISCUSSION: 

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

Petitioner requests that the the net balance be deposited in an insured account at Wells Fargo, 6001 Topanga Canyon Blvd, Woodland Hills, CA, 91367. The Court orders the net balance so distributed. 

The Court sets an OSC Re: Deposit of Net Balance into Blocked Account on October 9, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal (Settlement) on October 9, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.