Judge: Lisa R. Jaskol, Case: 21STCV35638, Date: 2023-12-27 Tentative Ruling

Case Number: 21STCV35638    Hearing Date: February 20, 2024    Dept: 28

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

BACKGROUND 

On September 28, 2021, Plaintiff Daniel Fernandez ("Plaintiff"), by and through his guardian ad litem Carolina Monterrey, filed this action against Defendants Leonel Anthony Lopez (“Lopez”), County of Los Angeles, and Does 1-50 for motor vehicle tort and premises liability. 

On March 1, 2022, Lopez filed an answer. 

On June 22, 2022, Plaintiff amended the complaint to include Defendant Francisco Rodriguez aka Frank Rodriguez dba FR Electric (“Rodriguez”) as Doe 1. On August 25, 2022, the clerk entered Rodriguez’s default. 

On March 1, 2023, Plaintiff filed a notice of settlement. 

On January 22, 2024, Petitioner Carolina Monterrey (“Petitioner”) filed a petition to approve the compromise of Plaintiff Daniel Fernandez’s claims against Defendant Leonel Anthony Lopez to be heard on February 15, 2024. 

On February 15, 2024, the Court heard argument continued the hearing to February 20, 2024.  Petitioner's counsel filed a supplemental declaration.

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of Plaintiff Daniel Fernandez’s claims against Defendant Leonel Anthony Lopez. 

LEGAL STANDARD 

The parties to a lawsuit may settle the claim of a person who lacks the capacity to make decisions only with court approval.  (Prob. Code., §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.) 

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, rules 7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant. (Cal. Rules of Court, rule 7.950.) 

The person compromising the claim on behalf of the person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.) 

DISCUSSION 

Petitioner has submitted a completed petition and a supplemental declaration by Petitioner’s counsel dated February 15, 2024 which modifies and clarifies the petition.  The Court grants the petition as modified and clarified by the February 15, 2024 supplemental declaration. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of Plaintiff Daniel Fernandez’s claims filed by Petitioner Carolina Monterrey on January 22, 2024, as modified and clarified by Petitioner’s counsel’s February 15, 2024 supplemental declaration.  

The Court orders distribution of the net balance to Plaintiff Daniel Fernandez’s account at City National Bank, 550 N. Brand Blvd., Suite 100, Glendale, CA. 

The Court sets an OSC Re: Distribution of Net Settlement on April 22, 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 April 22, 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.