Judge: Lisa R. Jaskol, Case: 21STCV04014, Date: 2023-11-13 Tentative Ruling

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Case Number: 21STCV04014    Hearing Date: April 12, 2024    Dept: 28

Having considered the petitioning papers, the Court rules as follows.  

BACKGROUND 

On February 2, 2021, Plaintiff Jmere Bowie (“Plaintiff”), a minor, by and through his guardian ad litem Tyrana Paker [sic], filed this action against Defendants Los Angeles Unified School District (“District”), City of Gardena (“City”), County of Los Angeles (“County”), and Does 1- 50 for premises liability. 

On May 21, 2021, the County filed an answer. On June 10, 2021, the District filed an answer. 

On July 26, 2021, the Court dismissed the City and the County without prejudice at Plaintiff’s request. 

On May 26, 2023, Plaintiff filed a notice of settlement. 

On April 4, 2024, Petitioner Tyrana Parker (“Petitioner”) filed a petition for expedited approval of a minor’s compromise to be heard on April 12, 2024. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of Plaintiff’s pending claims. 

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      

The petition contains the following information about the proposed settlement: 

Gross settlement amount: $47,500.00
Total medical expenses incurred: $390.70
Amount to be paid or reimbursed from settlement proceeds: $293.03
Total non-medical expenses: $14,425.97
Attorney’s fees: $11,875.00
Net settlement amount: $20,906.00

Petitioner has provided a copy of an August 9, 2023 letter from the Department of Health Care Services stating that (1) Plaintiff received $390.70 in Medi-Cal benefits and (2) reimbursement of $293.03 will satisfy DHCS’s lien subject to conditions specified in the letter. 

Petitioner has also provided a break-down of the non-medical expenses listed in Section 17d of the petition.  (See Attachment 17d.) 

However, Petitioner has not checked the box in Section 10 affirming the following: 

“Petitioner has made a careful and diligent inquiry and investigation into the facts and circumstances of the incident or accident in which the claimant was injured; the responsibility for the incident or accident; and the nature, extent, and seriousness of the claimant’s injuries.  Petitioner understands that if the compromise proposed in this petition is approved by the court and consummated, the claimant will never be able to recover any more compensation from the settling defendants named below even if the claimant’s injuries turn out to be more serious than they now appear.” 

The Court continues the hearing on the petition to a date to be provided at the April 12, 2024 hearing.  At least five days before the continued hearing date, Petitioner may file either (1) a revised petition that checks the box in Section 10 of the petition or (2) a declaration affirming the representations contained in Section 10 of the petition.  If Petitioner does neither, the Court will deny the petition.

CONCLUSION 

The Court CONTINUES the hearing on Petitioner Tyrana Parker’s petition for expedited approval of the compromise of Plaintiff Jmere Bowie’s claims to a date to be provided at the April 12, 2024 hearing.  At least five days before the continued hearing date, Petitioner may file either (1) a revised petition that checks the box in Section 10 of the petition or (2) a declaration affirming the representations contained in Section 10 of the petition.  If Petitioner does neither, the Court will deny the petition. 

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.