Judge: Lisa R. Jaskol, Case: BC691260, Date: 2024-01-22 Tentative Ruling
Case Number: BC691260 Hearing Date: January 22, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On January 24, 2018, Plaintiff Marcus Garland (“Plaintiff”) filed this action against Defendants Titus Young (“Titus Young”), Robert Young, Teresa Young, and Does 1-50 for negligence and battery.
On May 2, 2018, Plaintiff filed a first amended complaint.
On July 11, 2018, the Court sustained the demurrer of Defendants Richard Young (erroneously sued as Robert Young) and Teresa Young to the negligence claim without leave to amend. On September 21, 2020, the Court entered judgment for Richard Young and Teresa Young.
On January 14, 2019, the clerk entered Titus Young’s default.
On May 15, 2019, the Court entered default judgment against Titus Young for $200,435.00.
On February 13, 2020, the Court vacated Titus Young’s default.
On February 20, 2020, Titus Young, by and through Teresa Young and Tiffany Young, conservators of the Estate of Titus Young, filed an answer.
On February 10, 2023, Plaintiff filed a notice of settlement.
On September 25, 2023, the Los Angeles County Public Guardian (“Public Guardian”), as successor conservator for the Estate of Titus Young, filed a petition to approve a settlement between the Estate of Titus Young (“Estate”) and Plaintiff under Probate Code sections 2502 and 2505, subdivision (a).
On January 8, 2024, Plaintiff filed a “limited opposition.”
On January 8, 2024, the Public Guardian filed a reply.
PUBLIC GUARDIAN’S REQUEST
The Public Guardian asks the Court to approve a settlement in which the Estate will pay Plaintiff $55,000.00, with each side to bear their own fees and costs, in return for Plaintiff’s dismissal of the case upon full payment of the settlement amount.
LEGAL STANDARD
“Court approval is required for a compromise or
settlement of a matter when the transaction requires the transfer or
encumbrance of property of the estate, or the creation of an unsecured
liability of the estate, or both, in an amount or value in excess of
twenty-five thousand dollars ($25,000).”
Probate Code section 2505, subdivision (a), provides in
part:
“. . . where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall be obtained from the court in which the action or proceeding is pending.”
(Prob. Code, § 2505, subd.
(a).)
DISCUSSION
The Court has reviewed the petition and finds that it is fair and reasonable and in the best interest of Titus Young.
Plaintiff states that he does not oppose the “gravamen” of the petition and asks that the case not be dismissed until the settlement sum is paid to Plaintiff’s counsel.
The Court grants the petition.
CONCLUSION
The Court GRANTS the petition to approve the settlement of Plaintiff Marcus Garland’s action against Defendant Titus Young.
The Court sets an OSC Re: Distribution of Settlement on March 18, 2024, 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 18, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
The Public Guardian is ordered to give notice of this ruling.
The Public Guardian is ordered to file the proof of service of this ruling with the Court within five days.