Judge: Lynne M. Hobbs, Case: 22STCV08848, Date: 2023-11-27 Tentative Ruling

Case Number: 22STCV08848    Hearing Date: December 27, 2023    Dept: 30

HECTOR CRUZ SEGURA, et al. vs VICTOR NAVARETTE SANCHEZ

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor (Hector Cruz Segura, Age 17). The Court found the settlement is reasonable, however the following issues precluded the granting of the petition at this time:

(1) Claimant is now 17 years old, and not 16 as listed on the petition.

(2) The medical expenses listed total more than what is listed on the petition, which is $14,761.55.

(3) The Court has considered counsel’s declaration in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of 25% of the gross settlement is reasonable.

(4) Defendant has not been served with the petition.

(5) All reduction agreements for medical expenses must be filed with the petition.

(6) There is no proposed order granting the petition filed.

(7) There is no order to deposit funds into a blocked account filed.

Accordingly, the petition is CONTINUED for 60 days in Department 30 at Spring Street. Counsel is ordered to file a new petition, correcting the defects identified above, and submit the proposed orders. The OSC re dismissal calendared for January 9, 2024 is advanced, vacated, and continued 60 days for the same date as the hearing on the petition. The hearing time is 8:30 am.

Moving party is ordered to give notice to all parties.
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JA’s proposed dates: 02/28/2024 at 8:30 a.m.

Order to Show Cause Re: Dismissal (Settlement) is advanced
and continued from 01/09/2024 to 02/28/2024 8:30 a.m.