Judge: Melvin D. Sandvig, Case: 22CHCV00976, Date: 2023-07-10 Tentative Ruling

Case Number: 22CHCV00976    Hearing Date: July 10, 2023    Dept: F47

Dept. F47

Date: 7/10/23

Case #22CHCV00976

MINOR’S COMPROMISE

Petition filed on 6/7/23.

MINOR: Donovan Mendoza

GAL: Robert Mendoza

DEFENDANT: Home Depot USA, Inc.

SUMMARY OF ACTION: This action arises out of a trip and fall incident that occurred on 7/26/22 at a Home Depot store located in San Fernando, California.  Minor tripped and fell over a piece of plywood.  As a result, minor sustained a laceration on his face and lip.  The lip laceration required repair.  The minor has not completely recovered as he may need scar revision in the future. 

SETTLEMENT: Home Depot USA, Inc. to pay $35,000.00

MEDICAL BILLS: $21,974.24 (total); $8,502.18 (paid); $3,491.07 (reduction); $5,011.11 to be paid from settlement

ATTORNEY FEES: $8,750.00

COSTS: $618.85

AMOUNT TO BE PAID TO MINOR: $20,620.04 to be placed in a blocked account

RULING:

There is no proof of service for the subject petition establishing that Defendant had notice of the hearing.  If Plaintiff can provide evidence that the petition was properly served on Defendant’s counsel or Defendant’s counsel appears or otherwise represents to the Court that Defendant has no objection, the petition will be granted.  If not, the hearing will be continued to allow Plaintiff to file evidence that Defendant had notice of the hearing or to serve the petition on Defendant and file such proof with the Court.