Judge: Lisa R. Jaskol, Case: 22STCV17570, Date: 2023-09-19 Tentative Ruling
Case Number: 22STCV17570 Hearing Date: November 22, 2023 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On May 27, 2022, Plaintiffs Leilani Guzman Alarcon and Miguel Guzman Alarcon, by and through their guardian ad litem Denice Alarcon Villanueva, filed this action against Defendants Culichitown Restaurants, Inc., Culichitown Bell, Inc., Culichtown Corporation, Inc., Does 1-50, and Roe Corporations 1-50 for strict product liability, negligence and negligence per se, breach of implied warranty of merchantability and intentional infliction of emotional distress.
On October 12, 2022, Defendants Culichitown Restaurants, Inc., Culichitown Bell, Inc., and Culichtown Corporation, Inc. filed an answer.
On September 29, 2023, Petitioner Denice Alarcon Villanueva (“Petitioner”) filed petitions for approval of the compromise of the claims of minor Plaintiffs Miguel Guzman Alarcon and Leilani Guzman Alarcon. The Court continued the hearing on the petition regarding Miguel Guzman Alarcon from its scheduled date of October 18, 2023, to November 7, 2023, when the petition regarding Leilani Guzman Alarcon was scheduled to be heard.
On November 7, 2023, the Court observed that section 18b(6) of the petition regarding Miguel Guzman Alarcon requested that $7,266.59 of the settlement proceeds be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. The name and address of the proposed custodian, however, were not provided in attachment 18b(6) as required. Instead, attachment 18b(6) referred to "petitioner as trustee for the Claimant, Leilani Guzman Alarcon." The Court continued the hearing to November 22, 2023 and ordered Petitioner to submit a supplement to attachment 18b(6) with the required information.
On November 9, 2023, Petitioner’s counsel filed a declaration with the required information.
PETITIONER’S REQUEST
Petitioner Denice Alarcon Villanueva asks the Court to approve the compromise of the pending claim of Plaintiff Miguel Guzman Alarcon.
DISCUSSION
Petitioner has submitted a completed document with all applicable attachments. The Court grants the petition.
CONCLUSION
The Court GRANTS the petition to approve the compromise of the pending action of Plaintiff Miguel Guzman Alarcon filed by Petitioner Denice Alarcon Villanueva.
The Court orders that the net balance be distributed as follows: A check for $3,000.00 is to be made out to “DENICE ALARCON VILLANUEVA” for moving costs. The remaining $7,266.59 will be transferred to Petitioner, as trustee, and deposited in a blocked account at Wells Fargo, 3326 East Imperial Highway, Lynwood, California 90262. The Court orders the net balance so distributed.
The Court sets a OSC Re: Distribution of Net Settlement on December 27, 2023, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
The Court sets a OSC Re: Dismissal of Case (Settlement) on December 27, 2023, 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.