Judge: Lynette Gridiron Winston, Case: 23PSCV00105, Date: 2024-01-10 Tentative Ruling

Case Number: 23PSCV00105    Hearing Date: February 9, 2024    Dept: 6

CASE NAME:  Joanne Batch, et al. v. Ruben Ambrose Acevedo, et al.

Petition for Minor’s Compromise 

TENTATIVE RULING

The Court GRANTS the petition for minor’s compromise. 

Petitioner is ordered to provide notice of the Court’s ruling and file proof of service of same within five days of the Court’s order. 

BACKGROUND

This is an auto accident case. On January 12, 2023, plaintiffs Joanne Batch, Nicholas Batch, and Nathanael Batch, a minor, by and through his Guardian Ad Litem, Joanne Batch (collectively, Plaintiffs), filed this action against defendants Ruben Ambrose Acevedo (Ruben), Alissa Acevedo, and Does 1 to 100, alleging causes of action for negligence (motor vehicle), general negligence, negligent entrustment, and loss of consortium. 

On December 6, 2023, Nathanael Batch (Claimant), a minor, by and through his Guardian Ad Litem, Joanne Batch (Petitioner), filed a petition to confirm minor’s compromise. 

On January 10, 2024, after being called for hearing, the Court continued the hearing on the petition to permit Petitioner to correct issues identified in the Court’s tentative ruling. 

On January 12, 2024, Nathanael Batch (Claimant), a minor, by and through his Guardian Ad Litem, Joanne Batch (Petitioner), filed this petition to confirm minor’s compromise. 

DISCUSSION

Plaintiffs have agreed to settle their claims with Defendant in exchange for $175,000.00, $7,500.00 of which will go to Claimant. If approved, $1,875.00 will be paid in attorney’s fees, $792.05 will be paid for reimbursement of case costs advanced by Claimant’s attorneys, and $185.92 will be paid to The Rawlings Company as reimbursement of medical expenses paid by Kaiser Permanente, leaving a balance of $4,647.03 for Claimant, to be deposited into a blocked account. 

Court approval is required for all settlements of a minor’s claim. (Probate Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) The Court has reviewed the proposed settlement and finds the proposed attorney’s fees, equaling 25% of Claimant’s settlement proceeds, to be fair and reasonable. The Court further finds that everything else appears to be in order. 

Based on the foregoing, the Court GRANTS the petition. 

CONCLUSION

The Court GRANTS the petition for minor’s compromise. 

Petitioner is ordered to provide notice of the Court’s ruling and file proof of service of same within five days of the Court’s order.