Judge: Lisa R. Jaskol, Case: 22STCV20188, Date: 2024-01-04 Tentative Ruling
Case Number: 22STCV20188 Hearing Date: March 15, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On June 21, 2022, Plaintiffs Emmanuel Jardiniano, Emmanuel Jardiniano III, a minor by and through his guardian ad litem Emmanuel Jardiniano, Evann Jardiniano, a minor by and through his guardian ad litem Emmanuel Jardiniano, Ethanniel Jardiniano, a minor by and through his guardian ad litem Emmanuel Jardiniano, and Emerald Jardiniano, a minor by and through her guardian ad litem Emmanuel Jardiniano filed this action against Defendants Beach Cities Outpatient Surgery Center, Beach Citiez Outpatient Surgery Center, Inc., Beach Citiez Cosmetics, George D. Kovacs, a medical corporation, George D. Kovacs, M.D., David Yutuc, M.D., and Does 1 through 50 for wrongful death.
On August 5, 2022, the Court dismissed Beach Citiez Outpatient Surgery Center and Beach Citiez Cosmetics without prejudice at Plaintiffs’ request.
On August 10, 2022, the Court dismissed George D. Kovacs, M.D., without prejudice at Plaintiffs’ request.
On March 20, 2023, David Yutuc, M.D., filed an answer.
On November 9, 2023, Plaintiffs filed a notice of settlement.
On February 16, 2024, Emmanuel Jardiniano (“Petitioner”) filed a petition to approve the compromise of the claims of minor Plaintiff Emerald Jardiniano. The petition was set for hearing on March 15, 2024.
No trial date is currently scheduled.
PETITIONER’S REQUEST
Petitioner Emannuel Jardiniano asks the Court to approve the compromise of the pending action of Plaintiff Emerald Jardiniano.
LEGAL STANDARD
“‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338; see Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)
To obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; see Cal. Rules of Court, rule 7.950.)
DISCUSSION
Proposed settlement information for Plaintiff Emerald Jardiniano, age 5:
Gross settlement amount: $39,749.25
Attorney’s fees: $9,936.81
Net settlement amount: $29,812.44
Distribution of net settlement amount: To be invested
in a single-premium deferred annuity, subject to withdrawal only on
authorization of the court
Petitioner has submitted a completed application to approve the compromise of the claims of Plaintiff Emerald Jardiniano. The Court grants the petition.
Petitioner asks that the net balance ($29,812.44) be invested in single-premium deferred annuity whose terms and conditions are specified in Attachment 19b(3) and which is subject to withdrawal only on the authorization of the Court. The Court grants the request.
CONCLUSION
The Court GRANTS the petition to approve the compromise of Plaintiff Emerald Jardiniano’s claims filed by Petitioner Emannuel Jardiniano on February 16, 2024. The net balance is to be invested in a single-premium deferred annuity whose terms and conditions are specified in Attachment 19b(3) to the petition and which is subject to withdrawal only on authorization of the Court.
The Court sets an Order to Show Cause Re: Proof of Distribution of Settlement Proceeds (Purchase of Annuity) for 05/09/2024 at 08:30 AM in Department 28 at the Spring Street Courthouse.
The Court sets an Order to Show Cause Re: Dismissal (Settlement) for 05/09/2024 at 08:30 AM in Department 28 at the Spring Street Courthouse.
Petitioner is ordered to give notice of the ruling.
Petitioner is ordered to file the proof of service of the ruling with the Court within five days.