Judge: Lisa R. Jaskol, Case: 23STCV05877, Date: 2024-12-23 Tentative Ruling
Case Number: 23STCV05877 Hearing Date: December 23, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On March 16, 2023, Plaintiff a Minor, by and through Or Amsalam, guardian ad litem, filed this action against Defendants Haim Mazar and Does 1-50 for strict liability (Civ. Code, § 3342), negligence, and premises liability.
On July 25, 2023, Plaintiff L.A. (“Plaintiff”), by and through her guardian ad litem, Or Amsalam, filed a first amended complaint against Defendants Haim Mazar (“Haim Mazar”), Katya Mazar (“Katya Mazar”), and Does 1-10 for strict liability (Civ. Code, § 3342), negligence, and premises liability.
On August 8, 2023, the Court granted Or Amsalam’s application to serve as Plaintiff’s guardian ad litem.
On September 12, 2023, Haim Mazar filed a general denial. On November 21, 2023, Katya Mazar filed a general denial.
On April 12, 2024, Haim Mazar and Katya Mazar filed a cross-complaint against Cross-Defendants Orly Amsalam, Or Amsalam, and Roes 1-20 for equitable indemnity and apportionment of fault. On May 14, 2024, Orly Amsalam and Or Amsalam filed an answer to the cross-complaint. On August 6, 2024, the Court dismissed the cross-complaint without prejudice at the request of Haim Mazar and Katya Mazar.
On August 12, 2024, the Court granted Plaintiff’s motion for trial preference.
On November 5, 2024, Petitioner Or Amsalam (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Lia Amsalam’s claims.
No trial date is currently scheduled.
PETITIONER’S REQUEST
Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Lia Amsalam (“Plaintiff”).
DISCUSSION
The petition states the following:
Gross settlement: $375,000.00
Total medical expenses: $1,809.00
Medical expenses paid: $271.24
Reductions: $1,537.38
To be paid/reimbursed from proceeds: $271.24
Attorney’s fees: $131,250.00
Costs: $26,916.26
Net balance: $216,562.50
CONCLUSION
The Court GRANTS the petition to approve the compromise of minor Plaintiff Lia Amsalam’s claims filed by Petitioner Or Amsalam on November 5, 2024.
The Court sets an OSC Re: Distribution of Net Settlement on March 11, 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 March 11, 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.