Judge: Lisa R. Jaskol, Case: 23STCV06957, Date: 2023-09-29 Tentative Ruling

Case Number: 23STCV06957    Hearing Date: September 29, 2023    Dept: 28

Defendant allegedly rear-ended the vehicle in which Claimant Daniela Alonzo (“Claimant”) was traveling, causing Claimant to suffer neck, mid-back and lower back pain. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Edwin Alonzo (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. 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.

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 have appeared and are participating in the compromise OR the court has determined that the settlement is 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: $12,500.00 

INJURIES: neck, mid-back and lower back pain 

MEDICAL EXPENSES: $3,904.75 

COSTS: $14.52 

ATTORNEY’S FEES: $3,125.00 which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $5,448.47 

DISCUSSION: 

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

However, Petitioner’s requested method of distribution is barred by statute. Petitioner requests that the Court distribute the balance to the parents of the minor, under the conditions specified Probate Code sections 3401–3402, without bond.

This method of distribution is available only when the value of minor's entire estate, including the money or property to be delivered, does not exceed $5,000. The balance of the proceeds exceeds $5,000.00. 

Petitioner is ordered to appear before Court and request a new method of distribution. 

The Court sets an OSC Re: Distribution of Net Balance on November 9, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal (Settlement) on November 9, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.