Judge: Lisa R. Jaskol, Case: 20STCV30701, Date: 2023-07-20 Tentative Ruling

Case Number: 20STCV30701    Hearing Date: September 21, 2023    Dept: 28

Claimant Isaac Bernal (“Claimant”) was riding in a vehicle that was allegedly struck by Defendant Octavio Gonzalez Venegas’s vehicle. As a result of the incident, Claimant suffered pain in his thoraco-lumbar spine. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Adriana Urquiza-Rebolledo (“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 that have appeared 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: $3,000.00 

INJURIES: pain in thoraco-lumbar spine 

MEDICAL EXPENSES: $1,100.00 

COSTS: $150.00 

ATTORNEY’S FEES: $750.00, which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $1,000.00 

DISCUSSION: 

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

Petitioner requests that the net balance be paid to Claimant’s parent, Adriana Urquiza-Rebolledo, at 15809 E. Francisquito Ave., Apt #4, LA Puente, CA 91744. The Court orders the net balance so distributed. 

The Court sets an OSC Re: Distribution of Net Balance on November 16, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal (Settlement) on November 16, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.