Judge: Lisa R. Jaskol, Case: 20STCV44248, Date: 2023-12-26 Tentative Ruling
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Case Number: 20STCV44248 Hearing Date: December 26, 2023 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On November 18, 2020, Plaintiff Abraham Ullman, a minor by and through his guardian ad litem Chaya Ullman, and Yisroel Ullman, filed this action against Defendants Jose Garcia Gomez (“Gomez”), Nowhere Partners, LLC, dba Erewhon Market (“Erewhon”), and Does 1-10 for motor vehicle tort and general negligence.
On March 2, 2021, Erewhon filed an answer. On March 4, 2021, Gomez filed an answer.
On April 19, 2023, Plaintiffs filed a notice of settlement.
On October 25, 2023, Plaintiffs filed a petition to approve minor’s compromise.
PETITIONER’S REQUEST
Petitioner Chaya Ullman asks the Court to approve the compromise of the pending action of Plaintiff Abraham Ullman.
LEGAL STANDARD
The parties to a lawsuit may settle a minor’s claim or the claim of a person who lacks the capacity to make decisions only with court approval. (Prob. Code., §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.)
“[T]he protective role the court generally assumes in cases involving minors [is] a role to assure that whatever is done is in the minor’s best interests…[I]ts primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.” (Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.)
A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, rules 7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant. (Cal. Rules of Court, rule 7.950.) The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.)
DISCUSSION
Petitioner
has submitted a completed petition with all necessary attachments. The Court grants the petition.
CONCLUSION
The
Court GRANTS the petition to approve the compromise of the pending claims of Plaintiff Abraham Ullmans filed by Petitioner Chaya Ullman Santiago on October 25, 2023.
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.