Judge: Lisa R. Jaskol, Case: 21STCV16611, Date: 2024-02-21 Tentative Ruling
Case Number: 21STCV16611 Hearing Date: March 18, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On May 3, 2021, Plaintiffs Mamdouh Hannalla, Nancy Kheila, and Veronica Hannalla, a minor, by and through her guardian ad litem Mamdouh Hannallah, filed this action against Defendants Mark Ryan Adams and Does 1-15 for motor vehicle tort and general negligence.
On November 5, 2023, Plaintiffs amended the complaint to include Defendant Greg Vincent Adams as Doe 6.
On December 8, 2021, Defendants Mark Ryan Adams and Greg Vincent Adams filed an answer.
On April 14, 2023, Plaintiffs filed a notice of settlement.
On March 5, 2024, Petitioner submitted an amended petition for approval of minor’s compromise to be heard on March 18, 2024.
PETITIONER’S REQUESTS
Petitioner Mamdouh Hannalla (“Petitioner”) asks the Court to approve the compromise of the pending action of Plaintiff Veronica Hannalla.
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
Proposed settlement information:
Plaintiff:
Veronica Hannalla, age 13
Section 12 of the petition states that Plaintiff’s total medical expenses were $1,568.00 and this amount was reduced by $941.62 as the result of negotiated, statutory, or contractual reductions. In addition, Medi-Cal paid $626.38 of the medical expenses and has agreed to accept $469.79 to satisfy its lien rights, resulting in an additional reduction of $156.59. As a result, the total medical expenses were reduced by $1,098.21, leaving $469.79 in remaining medical expenses. The petition states that $469.79 will be paid or reimbursed from the settlement proceeds.
The Court grants the petition. As Petitioner requests, the net settlement proceeds will be deposited in insured accounts in Bank of America, Northridge Branch, 8720 Balboa Boulevard, Northridge, CA 91325, subject to withdrawal only on authorization of the Court.
CONCLUSION
The Court GRANTS the petition to approve the compromise of Plaintiff Veronica Hannalla’s claims filed by Petitioner Mamdouh Hannalla on March 5, 2024. The net balance will be deposited in insured accounts in Bank of America, Northridge Branch, 8720 Balboa Boulevard, Northridge, CA 91325, subject to withdrawal only on authorization of the Court.
The Court sets an order to show cause re: dismissal (settlement) on May 13, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.
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.