Judge: Lisa R. Jaskol, Case: 22STCV28491, Date: 2024-06-03 Tentative Ruling

Case Number: 22STCV28491    Hearing Date: June 3, 2024    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On September 1, 2022, Plaintiffs Fatima Williams, Lamya Williams, a minor, by and through her guardian ad litem Fatima Williams, Nyli Smith, a minor, by and through her guardian ad litem Fatima Williams, Messiah Ezell, a minor, by and through his guardian ad litem Fatima Williams, Mateo Ezell, a minor, by and through his guardian ad litem Fatima Williams, and Meya Ezell, a minor, by and through her guardian ad litem Fatima Williams, filed this action against Defendants Melissa Clawges (“Defendant”) and Does 1-20 for motor vehicle tort and general negligence. 

On December 6, 2022, Defendant filed an answer and a cross-complaint against Cross-Defendants Fatima Williams and Roes 1-10 for equitable indemnity, contribution, and declaratory relief. 

On February 7, 2024, Plaintiffs filed a notice of settlement. 

On February 22, 2024, the Court dismissed Defendant’s cross-complaint with prejudice at Defendant’s request. 

On May 6, 2024, Petitioner Fatima Williams (“Petitioner”) filed a petition to approve the compromise of Plaintiff Nyli Smith’s action to be heard on June 3, 2024. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner Fatima Williams asks the Court to approve the compromise of the pending action of Plaintiff Nyli Smith. 

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      

The petition provides the following information: 

Gross settlement amount:                                                  $10,000.00

Total medical expenses:                                                     $1,605.00

Total reductions:                                                                $805.00

Amount to paid/reimbursed from settlement proceeds:      $800.00

Attorney’s fees:                                                                 $2,500.00

Net settlement amount:                                                      $6,700.00

Petitioner has submitted a completed application with all required information. The Court approves the petition. 

Petitioner asks that the net settlement amount be deposited at Wells Fargo Bank, Crenshaw & Slauson Branch, 3290 W. Slauson Avenue, Los Angeles, CA 90043.  The Court grants the request and orders that the net settlement amount of $6,700.00 be deposited in an insured account at Wells Fargo Bank, Crenshaw & Slauson Branch, 3290 W. Slauson Avenue, Los Angeles, CA 90043, subject to withdrawal only on authorization of the Court. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of minor Plaintiff Nyli Smith’s claims filed by Petitioner Fatima Williams on May 6, 2024. The net settlement amount of $6,700.00 is to be deposited in an insured account at Wells Fargo Bank, Crenshaw & Slauson Branch, 3290 W. Slauson Avenue, Los Angeles, CA 90043, subject to withdrawal only on authorization of the Court. 

The Court sets an OSC Re: Distribution of Net Settlement on July 12, 2024, 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.