Judge: Lisa R. Jaskol, Case: 20STCV35893, Date: 2024-03-08 Tentative Ruling
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Case Number: 20STCV35893 Hearing Date: March 8, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 21, 2020, Plaintiffs Marina Reyes, Marco Reyes, Ariel Reyes, and A.R., a minor, by and through his guardian ad litem Rafael G. Orozco, filed this action against Defendants Mohamed L. Gherabi, Karim Mehanna, Nadine Lira, Edith Lira, and Does 1-10 for negligence, negligent infliction of emotional distress, negligent entrustment, and violations of California Vehicle Codes (negligence per se).
On March 21, 2022, Plaintiffs filed a notice of settlement.
On February 2, 2024, Petitioner Rafael Orozco (“Petitioner”) filed a petition to approve minor’s compromise to be heard on March 8, 2024.
PETITIONER’S REQUEST
Petitioner Rafael Orozco asks the Court to approve the compromise of the pending action of Plaintiff Aiden Reyes.
LEGAL STANDARD
“‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338; see Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)
To obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; see Cal. Rules of Court, rule 7.950.)
DISCUSSION
Petitioner has submitted a completed petition with all necessary information. The Court grants the petition.
Petitioner asks the Court for authority to deposit or invest the net settlement proceeds ($450.00) in insured accounts in one or more financial institutions in this state or with a trust company, subject to withdrawal only on authorization of the court. The Court grants the request and orders that the net settlement proceeds be deposited with:
Wells Fargo - Western and Wilshire Branch
670 South Western Avenue Los Angeles, California 90005
T: 213.739.1033
CONCLUSION
The Court GRANTS the petition to approve the compromise of minor Aiden Reyes’s action filed by Petitioner Rafael Orozco on February 2, 2024.
The net balance is to be deposited in Wells Fargo’s Western and Wilshire Branch, 670 South Western Avenue, Los Angeles, California 90005.
The Court sets an order to show cause re: dismissal (settlement) on May 3, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.
Petitioner is ordered to give notice of the ruling.
Petitioner is ordered to file the proof of service of the ruling with the Court within five days.