Judge: Lisa R. Jaskol, Case: 20STCV32993, Date: 2023-07-11 Tentative Ruling

Case Number: 20STCV32993    Hearing Date: February 6, 2024    Dept: 28

Claimant Yiping Liu (“Claimant”) hit his head on the glass wall in Defendant’s inn. As a result, Claimant suffered from dizziness, vomiting, concussion, laceration to forehead, syncopal episode, headache, and fibrosis of skin. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, if Petitioner Yingran Liu (“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 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: $50,000.00 

INJURIES: dizziness, vomiting, concussion, laceration to forehead, syncopal episode, headache, and fibrosis of skin 

MEDICAL EXPENSES: $6,463.83 

COSTS: $7,435.52 

ATTORNEY’S FEES: $12,500.00 which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $23,600.65 

DISCUSSION: 

Petitioner has submitted a completed application with all necessary attachments. Petitioner requests that the net balance be deposited in Chase Bank, 925 Hempstead Turnpike, Franklin Square, NY 11010. However, the net balance must be placed in a financial institution in California. 

The Court previously asked Petitioner or Petitioner’s counsel to appear and provide an address for a financial institution in California in which the net balance can be deposited. Petitioner and Petitioner’s counsel have not yet appeared.  The Court again asks Petitioner or Petitioner’s counsel to appear in Court, remotely or in person, on February 6, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.