Judge: Lisa R. Jaskol, Case: 22STCV28726, Date: 2025-05-02 Tentative Ruling

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Case Number: 22STCV28726    Hearing Date: May 2, 2025    Dept: 28

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

BACKGROUND 

On September 2, 2022, Plaintiff Karson Nicholson (“Plaintiff”), a minor, by and through his guardian ad litem Elizabeth Nicholson filed this action against Defendants Compton Unified School District (“Defendant”) and Does 1-20 for general negligence, premises liability, and breach of statutory duty concerning conduct of pupils (violation of Education Code section 44807). 

On October 4, 2022, the Court appointed Elizabeth Nicholson to serve as Plaintiff’s guardian ad litem. 

On March 14, 2023, Plaintiff, by and through his guardian ad litem Elizabeth Nicholson, filed a first amended complaint against Defendant and Does 1-20 for general negligence, premises liability, and breach of statutory duty concerning conduct of pupils (violation of Education Code section 44807). 

On June 6, 2023, the Court sustained Defendant’s demurrer to Plaintiff’s claim for breach of statutory duty concerning conduct of pupils (violation of Education Code section 44807) without leave to amend. 

On July 6, 2023, Defendant filed an answer. 

On January 22, 2025, Petitioner Elizabeth Nicholson (“Petitioner”) filed a petition to approve the compromise of Plaintiff’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the minor Plaintiff’s claims. 

DISCUSSION 

Based on the Court’s review of the petition, the Court understands that Petitioner will pay $435.06 from the settlement proceeds to the Department of Healthcare Services as reimbursement for Medi-Cal’s payment of the medical expenses listed in the letter from the Department of Healthcare Services attached to the petition. 

By signing the petition, Petitioner has stated under penalty of perjury that Plaintiff incurred no other medical expenses which should be paid or reimbursed from the settlement proceeds. 

With this understanding, the Court grants the petition.  The Court orders that the net settlement amount of $23,965.02 is to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the Court.  The terms and conditions of the annuity are specified in Attached 18b(3) to the petition. 

CONCLUSION 

The Court GRANTS Petitioner Elizabeth Nicholson’s petition to approve the compromise of minor Plaintiff Karson Nicholson’s action filed on January 22, 2025.  The net settlement amount of $23,965.02 is to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the Court.  The terms and conditions of the annuity are specified in Attached 18b(3) to the petition. 

The Court sets an OSC Re: Distribution of Net Settlement on July 1, 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 July 1, 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