Judge: Mark C. Kim, Case: 19STCV02649, Date: 2023-01-05 Tentative Ruling

Case Number: 19STCV02649    Hearing Date: January 5, 2023    Dept: S27

1.     Motion for Determination of Good Faith Settlement

Defendant, Rovar Properties, LLC has agreed to settle all claims with Plaintiffs for the total amount of $350,000 in exchange for Plaintiffs’ dismissal of all claims against it.  Rovar seeks an order finding the settlement to be in good faith.

Any opposition to the motion was due on or before 12/21/22.  Pursuant to CCP §877.6(d), the burden of proof on a motion for determination of good faith settlement is squarely on the party opposing the good faith finding.  In the absence of opposition, and in light of the burden of proof, the motion is granted.

2.     Petitions (2) for Approval of Minors’ Compromises

Plaintiffs, Oscar Jovani Miranda and Valerian Miranda are minors, ages six and eleven respectively.  They have agreed to a settlement of all claims with Defendants, (a) 7 Star Logistics, Inc., Three Countries Logistics, Inc., Jorge Cruz and Miguel Rodriguez ($600,000), (2) MSC Mediterranean Shipping Co. S.A. ($100,000), (3) Rovar Properties, LLC ($75,000), (4) International Cargo Equipment, Inc. ($25,000), and (5) Total Terminal International, LLC ($20,000).  The amounts listed are the amounts allocated to each of the two minor plaintiffs.    

The settlement, if approved, after costs and attorneys’ fees, would allocate a total of $1,009,480 to Karla Miranda, $820,000 to each of the two minor plaintiffs, $71,380 to two of Decedent’s adult children, and $46,380 to two other of Decedent’s adult children.   If the minors’ settlements are approved, $328,000 from each settlement will be allocated to attorneys’ fees and $102,730.22 to costs, including an insurance lien, with the remaining $389,269.78 to be invested in a single-premium deferred annuity subject to withdrawal only upon authorization of the court. 

The Court finds the settlement fair and reasonable.  The Court also finds the attorneys’ fees and costs fair and reasonable, in light of the extensive litigation history and age of the case. 

Pursuant to CRC 7.952, Petitioner and the minor plaintiffs must appear and testify at the hearing unless they are excused from doing so.  The Court excuses the minor plaintiffs from appearance due to their young age.  The Court asks Petitioner and Counsel to appear remotely at the hearing, and the Court will approve the settlement if it is satisfied with Petitioner’s testimony at the hearing. 

3.     OSC re: Dismissal (Settlement)

The parties are reminded that there are OSCs re: dismissal due to settlement on calendar today.  The Court asks Counsel to appear remotely at the OSCs and hearing on the above matters.