Judge: Lisa R. Jaskol, Case: 21STCV15410, Date: 2023-09-27 Tentative Ruling

Case Number: 21STCV15410    Hearing Date: February 28, 2024    Dept: 28

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

BACKGROUND 

On April 23, 2021, Plaintiff Helen Wang filed this action against Defendants Chihling Wu, Sung Hao Nien, and Does 1-15 for motor vehicle tort and general negligence. 

On May 27, 2021, Defendants Chihling Wu and Sung Hao Nien filed an answer. The same day, Defendant and Cross-Complainant Chihling Wu and Cross-Complainant Jiaxin Nien, a minor by and through her guardian ad litem Chihling Wu, filed a cross-complaint against Cross-Defendants Helen Wang and Does 1-50 for apportionment of fault, indemnification, motor vehicle tort, and general negligence.  On June 25, 2021, Plaintiff and Cross-Defendant Helen Wang filed an answer. On July 23, 2021, the Court dismissed the cross-complaint’s first cause of action for indemnification without prejudice based on the parties’ stipulation. 

On March 7, 2023, the Court dismissed Plaintiff Helen Wang’s complaint without prejudice at her request. 

On April 26, 2023, Cross-Complainants Chihling Wu and Jiaxin Nien (“Cross-Complainants”) filed a notice of conditional settlement. 

On April 27, 2023, the Court dismissed the “complaint of Chihling Wu against all defendants” “as to only Cross-complaint of Chihling Wu” with prejudice at Cross-Complainants’ request. 

On January 5, 2024, Petitioner Chihling Wu (“Petitioner”) filed a petition to approve minor’s compromise. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of Claimant Jiaxin Nien (“Claimant”). 

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 

          Petitioner has submitted a completed application with all applicable attachments. The Court approves the petition. 

Petitioner requests that the money be deposited at Wells Fargo Bank, West Covina Branch, 1000 Lakes Drive, West Covina, CA 91790. The Court orders the net balance so distributed. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of Claimant Jiaxin Nien’s action filed by Petitioner Chihling Wu on January 5, 2024.  The Court orders the net balance to be deposited at Wells Fargo Bank, West Covina Branch, 1000 Lakes Drive, West Covina, CA 91790. 

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.