Judge: Lisa R. Jaskol, Case: 21STCV13675, Date: 2023-06-22 Tentative Ruling

Case Number: 21STCV13675    Hearing Date: September 5, 2023    Dept: 28

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

BACKGROUND 

On April 9, 2021, Plaintiffs Antonio Gonzalez (“Gonzalez” or “Petitioner”), Rodner Gonzalez- Gonzalez (“Rodner”) and Santa Gonzalez-Gonzalez filed this action against Defendants Oscar Mendez-Luiz (“Mendez-Luiz”) and Angel Rosales for motor vehicle negligence, wrongful death and survival action sounding in negligence. Gonzalez was later dismissed as a Plaintiff. Plaintiffs subsequently amended the complaint to include Defendants Hayk Arakelyan (“Arakelyan”), Uber Technologies, Inc. (“Uber”), Rasier-CA, LLC (“Rasier”) and Anna Saghatelyan (“Saghatelyan”). 

On January 3, 2022, Mendez-Luiz filed an answer. On August 17, 2022, Mendez-Luiz filed a Cross-Complaint against Cross-Defendants Uber and Rasier for comparative indemnity, contribution and declaratory relief. 

On April 29, 2022, Uber and Rasier filed an answer. On July 18, 2022, Uber and Raiser filed a Cross-Complaint against Cross-Defendant Mendez-Luiz for implied indemnity, contribution and declaratory relief. On August 17, 2022, Mendez-Luiz filed an answer. 

On June 9, 2022, Arakelyan filed an answer. On September 14, 2022, Saghatelyan filed an answer. 

On May 19, 2023, the Court dismissed Mendez-Luiz with prejudice at Plaintiffs’ request. 

On June 22, 2023, the Court granted Rodner’s motion to seal and ordered that the unredacted version of the petition for minor’s compromise is to be sealed. The Court ordered Petitioner to file a redacted, unsealed version of the petition. 

On July 25, 2023, Petitioner filed a petition to approve the compromise of Rodner’s pending action to be heard on August 10, 2023.  On August 10, 2023, the Court continued the hearing to September 5, 2023 and ordered Petitioner to submit unredacted versions of the petition and proposed order to the Court under seal. 

No trial date is currently scheduled. 

PARTY’S REQUEST 

Petitioner Antonio Gonzalez asks the Court to approve the compromise of the pending action of Plaintiff Rodner Gonzalez-Gonzalez. 

DISCUSSION 

          Petitioner’s application is mostly complete.  However, Petitioner did not submit proof of notice of the hearing and service of the petition on three state agencies: the Department of Mental Health, the Department of Developmental Services, and the Department of Health Care Services.  (See Prob. Code, §§ 3602, subd. (f), 3611, subd. (c).) Petitioner must provide the required 15-days' mailed notice for the Court to approve this petition. 

          In addition, the annuity figures listed in Attachment 18b(3) are the same annuity payments presented in prior versions of this petition when a smaller amount of settlement proceeds were going to be used to purchase the annuities.  Counsel should be prepared to address (1) whether the annuity terms should remain the same as in the previous petitions despite the purchase price increase and (2) whether the annuity payments should have increased due to rising interest rates. 

The SNT instrument indicates that CPT Institute, a Florida non-profit corporation facilitating the pooled trust, will be the SNT trustee.  Normally, bond is required of a trustee unless the trustee is a corporate fiduciary.  (Cal. Rules of Court, rule 7.903(c)(5); Prob. Code, § 2320.)  Petitioner requests that the Court not require a bond, but the trustee does not meet the requirement of a corporate fiduciary and a bond is required. 

The proposed order contains a statement that the SNT assets shall not constitute a resource to Plaintiff for determination of benefits including Medi-Cal (order pdf at p. 9, paragraph 6).  The Court does not have authority to make this finding.  Petitioner should remove this language or modify it to read that the SNT funding is intended to not constitute a countable resource.  

 The Court continues the hearing on the motion. 

CONCLUSION 

The Court CONTINUES the hearing on the petition to approve the compromise of minor Rodner Gonzalez-Gonzalez’s pending action filed by Petitioner Antonio Gonzalez to October 13, 2023, at 1:30 p.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.