Judge: Maurice A. Leiter, Case: 21STCV25005, Date: 2023-02-02 Tentative Ruling

Case Number: 21STCV25005    Hearing Date: February 2, 2023    Dept: 54

Hearing Date: February 2, 2023

Department 54, Judge Maurice A. Leiter

Petition for Minor’s Compromise

Moving Party: Minor Plaintiff Qinghe Zhou

Responding Party: None

T/R:     THE PETITION IS CONTINUED TO MARCH 2, 2023 9:00AM.

PLAINTIFFS TO FILE AND SERVE AN AMENDED PETITION NO LATER THAN FEBRUARY 24, 2023.

            PLAINTIFFS 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 petitions.  No opposition has been received.

Compromises of disputed claims brought by minors are governed in part by CCP § 372. The statute allows a guardian ad litem to appear in court on behalf of a minor claimant and gives the guardian ad litem the power to compromise the minor’s claim “with the approval of the court in which the action or proceeding is pending.”  A petition for court approval of a compromise must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise or covenant.  (CRC Rule 7.950.)

            Minor Plaintiff moves for approval of a settlement with Defendants Megan Elizabeth Anne Friedman, D.O. and Thomas Joseph Kelly, M.D. It appears Minor Plaintiff’s settlement amount is $10,000.00. Plaintiffs’ form MC-350, however, is improperly filled out. For example, section 10 requires Plaintiff identify the amount Defendants have offered to pay to the claimant, meaning the minor Plaintiff. Plaintiffs instead included the total settlement amount for all Plaintiffs.

            The Court’s task is to approve the minor’s settlement, not the entire settlement. Plaintiffs are ordered to file and serve an amended petition.