Judge: Lisa R. Jaskol, Case: 20STCV15384, Date: 2023-11-21 Tentative Ruling

Case Number: 20STCV15384    Hearing Date: December 27, 2023    Dept: 28

Claimant Ivan Cervantes (“Claimant”) was riding as a passenger in a vehicle when another vehicle collided with Claimant’s vehicle. As a result of the incident, Claimant suffered from a 2 cm eyelid deep complex laceration, closed head injury, and altered level of consciousness. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, if Petitioner Oralia Cervantes (“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: 2 cm eyelid deep complex laceration, closed head injury and altered level of consciousness

MEDICAL EXPENSES: $12,835.00

COSTS: $2,354.37

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

BALANCE OF PROCEEDS: $11,075.32

DISCUSSION: 

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

Petitioner requests that the net balance be deposited to Camino Federal Credit Union located at 520 N. Taylor Ave., Montebello, California 90640.  The Court orders the net balance so distributed. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of the pending claims of Ivan Cervantes filed by Petitioner Oralia Cervantes on December 19, 2023. The Court orders that the net balance be placed in an insured account at Camino Federal Credit Union located at 520 N. Taylor Ave., Montebello, California 90640. 

The Court sets an OSC Re: Distribution of Net Settlement on February 26, 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 26, 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.