Judge: Lisa R. Jaskol, Case: 22STCV28221, Date: 2025-03-24 Tentative Ruling
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Case Number: 22STCV28221 Hearing Date: March 24, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On August 30, 2022, Plaintiffs Paul Culver, Landon Culver, a minor by and through his guardian ad litem Paul Culver, and Katrina Culver, a minor by and through her guardian ad litem Paul Culver, filed this action against Defendants Karina Del Carmen Hussey (“Defendant”) and Does 1-50 for motor vehicle tort and general negligence.
On September 6, 2022, the Court appointed Paul Culver to serve as guardian ad litem for Plaintiffs Katrina Culver and Landon Culver.
On January 24, 2024, Defendant filed an answer.
On June 10, 2024, Plaintiffs filed a notice of settlement.
On September 16, 2024, the Court granted Petitioner Paul Culver’s amended petitions for expedited approval of the compromises of Plaintiff Katrina Culver’s and Landon Culver’s claims.
On October 21, 2024, the Court dismissed Plaintiff Paul Culver’s claims with prejudice at Plaintiffs’ request.
On February 18, 2025, Petitioner Paul Culver (“Petitioner”) filed a new petition for expedited approval of minor Plaintiff Landon Culver’s claims. In an accompanying declaration, Plaintiff’s counsel stated that Petitioner wished to place Plaintiff Landon Culver’s settlement funds in a different financial institution than the one the Court approved on September 16, 2024.
PETITIONER’S REQUEST
Petitioner
asks the Court to approve the placement of Plaintiff Landon Culver’s settlement
funds in a different financial institution than the one the Court approved on
September 16, 2024.
Petitioner asks the Court to authorize the placement of Plaintiff Landon Culver's net settlement proceeds of $12,086.20 in California Credit Union, 800 S. Barranca Avenue, Suite 110, Covina, California 91723. Petitioner's February 18, 2025 petition is essentially identical to the petition the Court approved on September 16, 2024 except that Petitioner has corrected certain items based on the Court’s September 16, 2024 order.
The Court grants the petition conditioned on the
settlement funds being placed in one or more insured blocked accounts at
California Credit Union, subject to withdrawal only on authorization of the
Court.
In the
alternative, the Court construes Petitioner's February 18, 2025 petition as a request to
modify the Court’s September 16, 2025 order as it applies to Plaintiff Landon Culver by replacing Chase Bank with California Credit Union. The Court grants the request.
CONCLUSION
The Court GRANTS the petition for expedited approval
of the compromise of minor Plaintiff Landon Culver’s action filed by Petitioner
Paul Culver on February 18, 2025.
In the
alternative, the Court construes Petitioner Paul Culver’s February 18, 2025 petition as a
request to modify the Court’s September 16, 2024 order. The Court grants the request and modifies the order as it applies to Plaintiff Landon Culver by replacing Chase Bank with California Credit Union.
The Court orders that Plaintiff Landon Culver's net settlement proceeds
of $12,086.29 are to be deposited in insured accounts in California Credit
Union, 800 S. Barranca Avenue, Suite 110, Covina, California 91723, subject to
withdrawal only on authorization of the Court.
The Court sets an OSC Re: Distribution of Net Settlement on May 27, 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 May 27, 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.