Judge: Lisa R. Jaskol, Case: 21STCV13117, Date: 2024-04-04 Tentative Ruling
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Case Number: 21STCV13117 Hearing Date: April 8, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On April 6, 2021, Plaintiffs Jazeer Keyes, Tanya Davis, Jae'yon Wagner, and Tarnila Wagner filed this action against Defendants Lenita Sinna Dee Lewis (“Defendant”) and Does 1-100 for motor vehicle tort and general negligence.
On March 11, 2024, Petitioner Tamila Wagner (“Petitioner”) filed a petition for approval of the compromise of minor Jae’yon Wagner’s claims, to be heard on April 8, 2024.
No trial date is currently scheduled.
PETITIONER’S REQUEST
Petitioner Tamila Wagner asks the Court to approve the compromise of the pending action of Plaintiff Jae’yon Wagner.
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
In Section 2, the petition defines the “Claimant” as Jae’yon Wagner. In Section 10, the petition states that Defendant has offered to pay the “Claimant” (Jae’yon Wagner) $15,000.00 to settle his claims. Section 11 of the petition, titled “Settlement payments to others,” states that Defendant has also offered $15,000.00 to “others.” However, instead of listing the “Other plaintiffs or claimants” who will receive this settlement amount (in Section 11b(5)), Petitioner lists Claimant Jae’yon Wagner. If the Defendant is paying an additional $15,000.00 to persons other than Jae’yon Wagner, the petition should list those persons in Section 11. If the Defendant is not paying $15,000.00 to persons other than Jae’yon Wagner, the Petitioner should revise the petition to make this clear.
CONCLUSION
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.