Judge: Lynne M. Hobbs, Case: 22STCV16018, Date: 2024-03-19 Tentative Ruling

Case Number: 22STCV16018    Hearing Date: March 19, 2024    Dept: 30

GABRIELLE MICHELLE QUIROZ vs HOLLYWOOD PRESBYTERIAN MEDICAL CENTER, et al.

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.

The Court CONTINUES the matter for 90 days to allow time for the review of the special needs trust by the Probate Department. Judicial Assistant is directed to calendar the next appearance. Moving party is ordered to give notice to all parties.

Discussion

When a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612, the terms of the proposed trust must be reviewed by the Probate Department. (L.A. County Sup. Ct. Rule 4.115(c).)

Here, the settlement proposes the establishment of a special needs trust. Specifically, out of the Net Settlement amount, Petitioner proposes $200,000.00 to be used to purchase the annuity benefits described in Attachment 18b(3). The balance of $409,794.85 to be payable to Westamerica Bank, trustee of the Gabrielle Michelle Quiroz Special Needs Trust. Terms of the trust are described in Attachment 18b(4). Thus, the Court CONTINUES the matter to allow time for the review of the special needs trust by the Probate Department.

Notwithstanding the foregoing, the Court has considered the Declaration of Jin Lew 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), the amount of attorney’s fees is reasonable.