Judge: Lisa R. Jaskol, Case: 21STCV10183, Date: 2023-10-17 Tentative Ruling

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Case Number: 21STCV10183    Hearing Date: October 17, 2023    Dept: 28

Claimant Roy Bachar (“Claimant”) was travelling in a rented motor home when the motor home caught on fire. Claimant was evacuated from the motor home prior to sustaining any physical injuries. Claimant experienced emotional distress 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, if Petitioner Meytal Bachar (“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: $20,000.00 

INJURIES: Emotional distress 

MEDICAL EXPENSES: $0.00 

COSTS: $0.00 

ATTORNEY’S FEES: $5,000.00, which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $15,000.00 

DISCUSSION: 

Petitioner has submitted a completed application for Claimant with all applicable attachments. The Court grants the petition. 

Petitioner requests that the balance of the proceeds be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the Court. The Court orders that the amount be invested according to the information provided in Attachment 19a(2). 

The Court sets an OSC Re: Distribution of Net Balance on December 13, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal (Settlement) on December 13, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.