Judge: Lisa R. Jaskol, Case: 21STCV26098, Date: 2024-05-30 Tentative Ruling

Case Number: 21STCV26098    Hearing Date: May 30, 2024    Dept: 28

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

BACKGROUND 

On July 15, 2021, Plaintiffs Natalie Alvarez (“Alvarez”), Norma Quintero (“Quintero”), Ricardo Gonzalez-Quintero (“Gonzalez-Quintero”), and Ernesto Arenas filed this action against Defendants Aftermath Holdings LLC (“Aftermath”), Jordan A. Rossiter (“Rossiter”), and Does 1-25 for motor vehicle tort and general negligence. 

On July 30, 2021, the Court appointed Norma Quintero to serve as guardian ad litem for Plaintiff Ernesto Arena. 

On November 17, 2021, Aftermath and Rossiter filed an answer. 

On August 21, 2023, the Court dismissed Quintero, Alvarez and Gonzalez-Quintero with prejudice at Plaintiff’s request. 

On November 6, 2023, Plaintiffs filed a notice of settlement. 

On April 12, 2024, Petitioner Norma Quintero (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Ernesto Arena’s claims, to be heard on May 2, 2024. 

On May 2, 2024, the Court issued a ruling, heard argument, and continued the matter to May 30, 2024. 

On May 3, 2024, Petitioner filed a notice of errata asking the Court to consider all references in the petition to “Ernesto Arena” to be references to Plaintiff Ernesto Arenas. 

PETITIONER’S REQUEST 

Petitioner Norma Quintero asks the Court to approve the compromise of the pending action of Plaintiff Ernesto Arenas. 

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 provided the information the Court requested on May 2, 2024.  The Court grants the petition and orders that the net settlement amount of $15,383.50 be deposited in an insured account at Chase Bank, 30032 Haun Rd. Menifee, CA 92584, subject to withdrawal only on authorization of the Court. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of minor Plaintiff Ernesto Arenas’s claims filed by Petitioner Norma Quintero on April 12, 2024. The net settlement amount of $15,383.50 is to be deposited in an insured account at Chase Bank, 30032 Haun Rd. Menifee, CA 92584, subject to withdrawal only on authorization of the Court. 

The Court sets an OSC Re: Distribution of Net Settlement on July 11, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal of Case (Settlement) on July 11, 2024, at 8:30 a.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.