Judge: Lisa R. Jaskol, Case: 22STCV18203, Date: 2024-12-05 Tentative Ruling
Case Number: 22STCV18203 Hearing Date: December 5, 2024 Dept: 28
Having considered the petitioning papers, the Court rules
as follows.
BACKGROUND
A. Case number 22STCV18203
On June 3, 2022, Plaintiffs Danilo Diaz and Karina Siguenza filed an action against Defendants German Joel Iraheta (“Iraheta”) and Does 1-25 for negligence. (Case number 22STCV18203.)
On August 11, 2022, Iraheta filed an answer. On October 27, 2023, the Court dismissed Iraheta.
On October 30, 2023, the Court dismissed the complaint without prejudice at the request of Plaintiffs Danilo Diaz and Karina Siguenza.
B. Case number 22STCV20252
On June 21, 2022, Plaintiffs Domingo Castro, Daniela Castro, a minor, Arturo Castro, a minor, and Andres Castro, a minor, by and through their guardian ad litem Domingo Castro filed an action against Defendants Iraheta, Danilo Esteban Diaz Munoz, Hector Alcides Rojas Vasquez (“Rojas Vasquez”), and Does 1-30 for motor vehicle tort and general negligence. (Case number 22STCV20252.)
On June 23, 2022, the Court appointed Domingo Castro to serve as guardian ad litem for Plaintiffs Andres Castro and Arturo Castro. On June 27, 2022, the Court appointed Domingo Castro to serve as guardian ad litem for Plaintiff Daniela Castro.
On September 16, 2022, Iraheta filed an answer.
On October 17, 2022, Plaintiffs amended the complaint to include Defendant German Custom Glass and Mirror LLC (“GCGM”) as Doe 1.
On May 2, 2023, Rojas Vasquez filed an answer and a cross-complaint against Cross-Defendants Danielo Esteban Diaz Munoz, Iraheta, GCGM, and Roes 1-20 for apportionment of fault and indemnification. On August 8, 2023, Iraheta and GCGM filed an answer to the cross-complaint.
On May 6, 2024, the Court dismissed Rojas Vasquez from Plaintiffs’ complaint without prejudice at Plaintiffs’ request.
On July 11, 2024, the Court dismissed Iraheta, GCGM, and Roes 1-20 from Rojas Vasquez’s cross-complaint with prejudice at Rojas Vasquez’s request.
C. The Court relates and consolidates the cases
On July 3, 2023, the Court found that case numbers 22STCV18203 and 22STCV20252 are related within the meaning of California Rules of Court, rule 3.300(a). Case number 22STCV18203 became the lead case. The cases were assigned to Department 28 at the Spring Street Courthouse for all purposes.
On October 16, 2023, the Court consolidated the actions for all purposes, including trial, based on the parties’ stipulation. Case number 22STCV18203 remained the lead case.
D. These petitions
On October 7, 2024, Petitioner Domingo Castro (“Petitioner”) filed (1) a petition for approval of the compromise of Plaintiff Andres Castro’s claims and (2) a petition for approval of the compromise of Plaintiff Arturo Castro’s claims. The petitions were set for hearing on December 5, 2024.
PETITIONER’S REQUESTS
Petitioner Domingo Castro asks the Court to approve the compromise of the claims of minor Plaintiffs Andres Castro and Arturo Castro.
DISCUSSION
Petitioner has submitted complete petitions with all required information. The Court grants both petitions.
CONCLUSION
The Court GRANTS the petition for approval of the compromise of minor Plaintiff Arturo Castro’s claims filed by Petitioner Domingo Castro on October 7, 2024. The net settlement amount of $825.00 for Plaintiff Arturo Castro is to be deposited in an insured, blocked account at Wells Fargo Bank, 6800 Van Nuys Boulevard, Van Nuys, CA 91405, Tel: (818) 787-1802, subject to withdrawal only on authorization of the Court.
The Court sets an OSC Re: Distribution of Net Settlements on February 5, 2025, 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 5, 2025, 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.