Judge: Lisa R. Jaskol, Case: 22STCV27452, Date: 2023-08-30 Tentative Ruling

Case Number: 22STCV27452    Hearing Date: August 30, 2023    Dept: 28

Claimant Dylan Haziel Castro (“Claimant”) was traveling as a passenger in a vehicle when Defendant Vanessa Kontokanis (“Defendant”) ran a red light and collided with the Claimant’s vehicle. As a result of the collision, Claimant suffered head, neck, back and upper extremities injuries. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Beatriz Alfaro Santos (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are: 

1. Petitioner is represented by an attorney.

2. The claim is not for wrongful death.

3. Settlement proceeds will not be placed in a trust.

4. There are no unresolved liens to be satisfied from the proceeds of the settlement.

5. Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier.

6. Petitioner’s attorney is not employed by or associated with a Defendant or insurance carrier in connection with the petition.

7. If an action is filed, all Defendants that have appeared are participating in the compromise OR the court has determined the settlement to be in good faith.

8. The settlement, exclusive of interests and costs, is $50,000 or less OR if greater than $50,000, the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits AND the court does not otherwise order. 

SETTLEMENT: $10,353.48 

INJURIES: Head, neck, back and upper extremities injuries 

MEDICAL EXPENSES: $1,497.45 

COSTS: $484.22 

ATTORNEY’S FEES: $2,588.37, which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $5,783.44 

DISCUSSION: 

Petitioner has submitted a completed packet with all applicable attachments. The Court grants the petition. 

Petitioner requests that the Court order the net balance be deposited in an insured account at Wells Fargo, Miracle Mile Branch, 6301 Wilshire Blvd, Los Angeles, CA 90048. The Court orders the net balance so distributed. 

The Court sets an OSC Re: Dismissal (Settlement) on November 6, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.