Judge: Lisa R. Jaskol, Case: 21STCV32172, Date: 2023-09-08 Tentative Ruling

Case Number: 21STCV32172    Hearing Date: December 19, 2023    Dept: 28

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

BACKGROUND 

On August 31, 2021, Plaintiff Cataleya Montalvan, by and through her guardian ad litem Amanda Jimenez, filed this action against Defendants Brandon Helfer (“Brandon Helfer”), Jeffrey S. Helfer, Trustee (“Jeffrey S. Helfer”), Scott Venturelli, Trustee, Venturelli Scott Trust, Jeffrey S. Helfer Trust (“Jeffrey S. Helfer Trust”), and Does 1-100 for general negligence and premises liability. 

On December 1, 2021, Brandon Helfer filed an answer. 

On January 5, 2022, the Court sustained Jeffrey S. Helfer Trust’s demurrer without leave to amend.  On January 25, 2022, the Court dismissed Jeffrey S. Helfer Trust with prejudice at Plaintiff’s request. 

On January 13, 2022, Jeffrey S. Helfer filed an answer. 

On January 12, 2023, Brandon Helfer filed a notice of settlement. 

On November 17, 2023, Petitioner Amanda Jimenez (“Petitioner”) filed a petition to approve minor’s compromise to be heard on December 19, 2023. 

PETITIONER’S REQUEST 

Petitioner Amanda Jimenez asks the Court to approve the compromise of the pending action of Plaintiff Cataleya Montalvan. 

DISCUSSION 

Petitioner has submitted a completed petition with all necessary attachments. The Court grants the petition. 

Petitioner requests that the net balance be deposited in a single-premium deferred annuity as described in Attachment 18b(3) of the petition. The Court orders the balance so distributed. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of the pending action of Plaintiff Cataleya Montalvan filed by Petitioner Amanda Jimenez on November 17, 2023.  The Court orders that the net balance be deposited in a single-premium deferred annuity as described in Attachment 18b(3) of the petition. 

The Court sets an OSC Re: Distribution of Net Settlement on February 20, 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 February 20, 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.