Judge: Lisa R. Jaskol, Case: 20STCV46403, Date: 2023-09-13 Tentative Ruling
Case Number: 20STCV46403 Hearing Date: September 13, 2023 Dept: 28
Benjamin Javier Vera Almanza (“Claimant”) was injured while traveling as a passenger in a vehicle that was involved in a motor vehicle collision. Claimant did not suffer injury as a result of the incident.
This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Michelle Maria Vera Rodriguez (“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 to be satisfied from the proceeds of the settlement.
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: $1,250.00
INJURIES: N/A
MEDICAL EXPENSES: $0.00
COSTS: $0.00
ATTORNEY’S FEES: $0, which is 0% of the gross settlement
BALANCE OF PROCEEDS: $1,250.00
DISCUSSION:
Petitioner has submitted a completed packet with all applicable attachments. The Court grants the petition.
Petitioner requests that the net balance be paid to Stefan Javier Vera Rodriguez and Elizabeth Almanza, parents of Claimant, for Claimant's benefit. The Court orders the net balance so distributed.
The Court sets an OSC Re: Distribution of Net Balance on November 14, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.