Judge: Lisa R. Jaskol, Case: 23STCV23961, Date: 2024-03-12 Tentative Ruling
Case Number: 23STCV23961 Hearing Date: March 12, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On October 2, 2023, Plaintiffs Hayden Ramirez, Emily Ramirez (“Emily Ramirez”), a minor, by and through her guardian ad litem Erica Ramirez, Ben Ramirez (“Ben Ramirez”), a minor, by and through his guardian ad litem Erica Ramirez, Arthur Ramirez, and Guadalupe Ramirez filed this action against Defendants MNJ Trucking, Inc., Ricardo Jose Andres, and Does 1-50 for motor vehicle tort and general negligence.
On November 16, 2023, Plaintiffs filed a first amended complaint.
On January 5, 2024, Petitioner Erica Rodriguez (“Petitioner”) filed petitions to approve minors’ compromises to be heard on March 12, 2024. On February 9, 2024, Petitioner filed amended petitions.
Trial is scheduled for April 1, 2025.
PETITIONER’S REQUESTS
Petitioner asks the Court to approve the compromises of the pending claims of Plaintiffs Emily Ramirez and Ben Ramirez.
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
A. Emily
Ramirez
Petitioner’s name: Erica Rodriguez
Claimant’s name and age: Emily Ramirez, Age 16
Nature of injury: Death of father
Gross settlement: $333,333.33
Attorney’s fFees: $83,333.33 (25% of gross settlement)
Net settlement: $249,565.00
Distribution of net settlement: To be invested in a
single-premium deferred annuity
Petitioner’s name: Erica Rodriguez
Claimant’s name and age: Ben Ramirez, Age 11
Nature of injury: Death of father
Gross settlement: $333,333.33
Attorney’s fees: $83,333.33 (25% of gross settlement)
Net settlement: $249,565.00
Distribution of net settlement: To be invested in a
single-premium deferred annuity
Petitioner has submitted completed amended petitions with all necessary information. The Court grants the amended petitions.
Petitioner asks that the net balances be placed into single-premium deferred annuities as described in Attachments 18b(3) to the amended petitions. The Court orders the net balances so distributed.
CONCLUSION
The Court GRANTS the amended petition to approve the compromise of minor Emily Ramirez’s action filed by Petitioner Erica Rodriguez on February 9, 2024. The Court orders that the net balance be distributed into the single-premium deferred annuity described in Attachment 18b(3).
The Court GRANTS the amended petition to approve the compromise of minor Ben Ramirez’s action filed by Petitioner Erica Rodriguez on February 9, 2024. The Court orders that the net balance be distributed into the single-premium deferred annuity described in Attachment 18b(3).
The Court sets an order to show cause re: dismissal (settlement) on May 7, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.
Petitioner is ordered to give notice of the ruling.
Petitioner is ordered to file the proof of service of the ruling with the Court within five days.