Judge Mark E. Windham, Case 18STCV10148 2022-10-03 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

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Minor Plaintiff Alejandra Recinos (“minor Plaintiff”), by and through their Guardian Ad Litem Alma Cifuentes (“Petitioner”) filed the instant action for personal injuries against Defendants Country of Los Angeles, Los Angeles County Metropolitan Transportation Authority, Woods Maintenance Services, Inc., and others, on December 31, 2018. The Court granted Petitioner’s Application to be Appointed minor Plaintiff’s Guardian Ad Litem on January 28, 2020.

On September 27, 2021, the Court granted Plaintiff’s Petition to Approve Compromise of Pending Action with respect to a settlement reached with Defendant Los Angeles County Metropolitan Transportation Authority. (Minute Order, 09/27/21.) On the same date, the Court transferred the action from the assigned unlimited jurisdiction court to the limited jurisdiction court. (Ibid.) On October 28, 2021, Plaintiff filed a Notice of Unconditional Settlement of Entire Action.

Petitioner filed the instant Petition to Approve Compromise of Pending Claim on Behalf of a Minor, with respect to a settlement reached with Defendants County of Los Angeles and Woods Maintenance Services, Inc., on May 31, 2022.

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that they have a right to compromise the minor’s claim under Cal. Probate Code section 3500.

Having reviewed the Petition, the Court finds it is complete and provides for a reasonable settlement to Minor Plaintiff based the injuries sustained and future prognosis. Proposed orders to deposit funds and granting the Petition were also filed on May 31, 2022. Therefore, Petitioner Alma Cifuentes’ Petition to Approve Minor’s Compromise of Disputed Claim on Behalf of Minor Plaintiff Alejandra Recinos is GRANTED.