Judge Mark E. Windham, Case 20STLC07500 2023-01-12 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.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Hermosillo v. Target Stores, Inc., et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

Plaintiff Kamilla Hermosillo (“minor Plaintiff”), by and through her Guardian Ad Litem Maleny Hermosillo (“Petitioner”) filed the instant action for personal injuries against Defendants Target Stores, Inc. and The Village Company LLC dba Yum Spa Beauty (“Defendants”) on September 3, 2020. On September 11, 2020, the court granted Petitioner’s application to be appointed minor Plaintiff’s Guardian Ad Litem. On September 29, 2021, Petitioner filed the first Expedited Petition to Approve Compromise of Pending Action (“the Petition”) on behalf of minor Plaintiff. Following the hearing on November 22, 2021, Petitioner filed an Amended Petition on February 1, 2022. At the hearing on March 24, 2022, the Court ordered Petitioner to refile the Petition. (Minute Order, 03/24/22.) Petitioner filed the third and instant Petition on December 7, 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 instant Petition, the Court finds it is complete and provides for a reasonable settlement to Minor Plaintiff based the injuries sustained and future prognosis. A proposed order with respect to the Petition has also been filed.

Therefore, Petitioner Maleny Hermosillo’s Petition to Approve Compromise of Disputed Claim on behalf of minor Plaintiff Kamilla Hermosilla is GRANTED.