Judge: Lisa R. Jaskol, Case: 21STCV22662, Date: 2023-11-17 Tentative Ruling

Case Number: 21STCV22662    Hearing Date: February 28, 2024    Dept: 28

Having reviewed the petition for expedited approval of minor’s compromise, the Court rules as follows. 

BACKGROUND 

Claimant Kamron D. Williams (“Claimant”) was travelling as a passenger in a vehicle when Defendant Jeffrey Michael Stubblefield’s vehicle collided with Claimant’s vehicle. Claimant suffered post-traumatic sprain/strain of the cervical spine and left hand. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Damon Avery (“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 have appeared and are participating in the compromise OR the court has determined that the settlement is 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. 

The petition filed on December 1, 2023, provides the following information: 

Claimant: Kamron D. Williams, 16 years old
Guardian ad litem: Damon Avery
Defendant: Jeffrey Michael Stubblefield
Gross settlement amount: $4,500.00 (Item 11a)
Attorney’s fees: $ 1,125 (Item 17c)
Litigation costs: $ 422.13 (Item 17d; Attachment 14c)
Medical bills: $ 3,422, reduced by $1,714.50 (Item 13a) 

TOTAL TO BE PAID TO CLAIMANT: $1,245.37 (Item 16) 

DISCUSSION: Petitioner has submitted a completed application with all required attachments. 

On January 10, 2024, the Court continued the matter to February 28, 2024 and ordered Petitioner to file a proof of service showing service of the petition on Defendant. 

Petitioner filed the proof of service on January 18, 2024.  The Court grants the petition. 

Petitioner requests that the net balance be paid to Damon Avery, Petitioner’s legal guardian, at 1851 Villa St., Pasadena, CA 91107.  The Court orders the net balance so distributed.