Judge: Mark C. Kim, Case: 22LBCV00934, Date: 2023-04-06 Tentative Ruling

Case Number: 22LBCV00934    Hearing Date: April 6, 2023    Dept: S27

Plaintiffs, Ezekiel Soberanis, Nicole Soberanis, Sonia Ixta, Juan Lara, and Valerie Soberanis filed this action against Defendants, Infinity Air Conditioning and Lance Richard Frederick for damages arising out of an automobile accident.  Ezekiel and Nicole are minors and are appearing by and through their mother and court-appointed GAL, Sonia Ixta.  Plaintiffs filed their complaint on 12/06/22.

At this time, the parties have agreed to settle the entire action.  The settlement provides for payments to the parties in the following amounts:

Sonia Ixta:                    $48,500

Juan Lara:                     $48,000

Valerie Soberanis:         $18,800

Ezekiel Soberanis:        $9000

Nicole Sobranis             $13,500

If the settlement is approved, Ezekiel’s settlement will be apportioned $1324.70 to medical expenses, $2250 to attorneys’ fees, and $61 to costs of suit, with the net balance of $5365.30 to be deposited in a blocked account.  Nicole’s settlement will be apportioned $1601.13 to medical damages, $3375 to attorneys’ fees, and $16.43 to expenses, with the net balance of $8507.44 to be deposited in a blocked account. 

Petitioner explains, in Attachment 11b(6), that the apportionment of all settlement payments is based on the special and damages claimed by the five plaintiffs to the suit.  The Court, at the time of the hearing, wishes to hear a brief description of the injuries sustained by each of the plaintiffs, so the Court can make a determination concerning whether the apportionment is fair and reasonable.  Pursuant to CRC 7.952, unless their appearance is excused, Plaintiffs and Petitioner must appear at the hearing and testify to the satisfaction of the Court before the petitions can be granted.  Plaintiffs are 12 and 15 years old, and therefore the Court will not excuse their appearance.  If the Court is satisfied with all testimony at the hearing, it will grant the petitions and sign the proposed orders at the conclusion of the hearing.

The parties are reminded that there is an OSC re: proof of service and OSC re: failure to appear on calendar concurrently with the hearing on the above petitions.  The parties are also reminded that remote appearances are requested.