Judge: Maurice A. Leiter, Case: 21STCV15368, Date: 2024-04-23 Tentative Ruling

Case Number: 21STCV15368    Hearing Date: April 23, 2024    Dept: 54

Hearing Date: April 23, 2024

Department 54, Judge Maurice Leiter

Motion to Allocate Settlement Funds

Moving Party: Plaintiff Liberty Mutual Group, Inc.

Responding Party: None

T/R:     PLAINTIFF’S MOTION IS GRANTED.

PLAINTIFF TO NOTICE

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Plaintiff moves for an order allocating all settlement funds to Plaintiff under Insurance Code § 1871.7(g)(2)(B), which provides, “If the person bringing the action, as a result of a violation of this section has paid money to the defendant or to an attorney acting on behalf of the defendant in the underlying claim, then he or she shall be entitled to up to double the amount paid to the defendant or the attorney if that amount is greater than 50 percent of the proceeds [of settlement]. That person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All of those expenses, fees, and costs shall be awarded against the defendant.”

Plaintiff represents that it paid Defendant more than the settlement amount prior to the suit due to Defendant’s allegedly illegal insurance scheme. Plaintiff is entitled to the settlement proceeds under Insurance Code § 1871.7(g)(2)(B). The motion is GRANTED.