Judge: Lisa R. Jaskol, Case: 21STCV45899, Date: 2024-01-09 Tentative Ruling

Case Number: 21STCV45899    Hearing Date: January 25, 2024    Dept: 28

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

BACKGROUND 

On December 17, 2021, Plaintiffs Barbara Levine, individually, as heir, and as successor-in-interest to the Estate of Robert F. Levine, deceased (“Barbara Levine”), Scott Levine, individually and as heir to Robert F. Levine, deceased, Mindy Levine, individually and as heir to Robert F. Levine, deceased, Matthew Levine, a minor by and through his guardian ad litem Dolores Gadbury and as heir to and dependent of Robert F. Levine ("Matthew Levine"), deceased, and Ryan Levine, a minor by and through his guardian ad litem Dolores Gadbury and as heir to and dependent of Robert F. Levine, deceased (“Ryan Levine”), filed this action against Defendants West Hills Hospital and Medical Center (“West Hills Hospital”), Rami M. Shaarawy, M.D., and Does 1-20 for medical negligence—wrongful death and medical negligence—survival action. 

On October 27, 2022, the Court sustained West Hills Hospital’s demurrer with leave to amend, ruling that Ryan Levine and Matthew Levine, as the decedent’s grandsons, lacked standing to bring suit.

The Court’s file contains a first amended complaint with the notation “Electronically Received 11/21/2022 10:16 AM.” It is not clear why the first amended complaint was not filed. 

On September 21, 2023, the clerk denied Plaintiffs’ request to dismiss the case, stating: “An expedited petition/petition for minor's compromise has not been reserved and/or scheduled in this matter.” 

On November 2, 2023, Plaintiffs filed a notice of settlement. 

On December 7, 2023, Petitioner Dolores Gadbury (“Petitioner”) filed a petition to approve the compromise of Matthew Levine’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of Matthew Levine’s claims. 

LEGAL STANDARD 

The parties to a lawsuit may settle a minor’s claim or 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 minor or person who lacks capacity, and the represented person, must attend the hearing on the petition to approve the compromise of the claim unless the Court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.) 

DISCUSSION 

The petition states that West Hills Hospital has paid $675,000 to Barbara Levine to settle the case. The settlement does not include any payment to Matthew Levine. The petition explains: “Petitioner admits, for purposes of this Petition, that Matthew [Levine] and Ryan Levine were unlikely to be successful in proving their standing to sue under C.C.P. §337.60(c), because—even though they were interdependent on and intimately connected to their grandfather Robert Levine—they were his grandsons, not his sons, and their residence was mostly at their mother Mindy Levine’s home in West Hills, California, and only a small minority of the time at decedent’s home in Chatsworth, California. Thus, the minor twins legally were not likely to be entitled to share in any part of a settlement or judgment herein.” (Attachment 8, ¶ 8.) 

Petitioner “requests that the Court acknowledge the unlikelihood of the minor twins’ Matthew Levine and Ryan Levine’s standing to sue or to collect on any claimed damages in this case and authorize that the full settlement be distributed to decedent’s wife, 81-year-old disabled Barbara Levine. Barbara Levine needs the money to pay for her living expenses and care because she suffers from severe scoliosis and uses a walker for mobility. She has been unable to work since December, 2020, when her husband died. Plaintiffs Scott Levine (decedent’s son) and Mindy Levine (decedent’s daughter and mother of the minor twins) have consented to the distribution of all the settlement proceeds be made to their mother and decedent’s widow, Barbara Levine.” (Attachment 12.) 

The Court denies the petition. On October 27, 2022, the Court ruled that Ryan Levine and Matthew Levine, as the decedent’s grandsons, lacked standing to bring suit. The Court has not withdrawn or modified that ruling and no higher Court has reversed it. Therefore, Matthew Levine has no claim to compromise. 

The parties do not need the Court’s authorization to resolve the adult Plaintiffs’ claims. 

The Court orders that, if Plaintiffs again submit a request to dismiss the action, the clerk may not deny the request based on (1) the absence of a petition or expedited petition to approve a minor’s compromise, (2) the absence of a reserved or scheduled hearing on such a petition, or (3) the absence of an order approving the compromise of the claims of minors Matthew Levine and Ryan Levine. 

CONCLUSION 

The Court DENIES the petition to approve the compromise of Plaintiff Matthew Levine’s action. 

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.