Judge: Melvin D. Sandvig, Case: 22CHCV01395, Date: 2024-03-19 Tentative Ruling

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Case Number: 22CHCV01395    Hearing Date: March 19, 2024    Dept: F47

Dept. F47

Date: 3/19/24

Case #22CHCV01395

MINOR’S COMPROMISE

Petition filed on 2/13/24.

MINOR: Ryan Vakilian

GAL: Niosha Vakilian (parent)

DEFENDANTS: Amalia Gamboa and Northridge Kopen Ramen, Inc.

RULING: The petition is granted. 

This action arises out of an incident that occurred on 10/13/22 at a Kopen Ramen restaurant in Northridge, California.  On that date, Plaintiffs Pouya Vakilian, Minor Ryan Vakilian and Niosha Vakilian (collectively, Plaintiffs) were at the restaurant when Defendant Amalia Gamboa, in the course and scope of her employment with Defendant Northridge Kopen Ramen, Inc. (collectively, Defendants), placed a hot cup of tea close to Minor who grabbed the cup spilling the tea on his left arm and leg causing his skin to be burned.  Pouya and Niosha, Minor’s parents, witnessed the incident.  Minor has not completely recovered from the injuries as it is unknown whether two areas of slight discoloration on his left arm will disappear.

On 12/15/22, Plaintiffs filed this action against Defendants for general negligence/negligent infliction of emotional distress.  On 3/16/23, Defendants answered the complaint.  On 1/18/24, a Notice of Settlement was filed and on 2/13/24, Plaintiffs filed and served the instant petition seeking approval of the compromise of the Minor’s claim. 

In compromise of the Minor’s claim, Defendants have agreed to pay $75,000.00. 

Minor incurred  $2,262.10 in medical expenses paid by petitioner as a result of the incident which are to be reimbursed from the settlement proceeds.    

Plaintiff’s attorney seeks to recover $18,750.00 in attorney’s fees and $2,982.45 in costs from the Minor’s settlement. 

Minor will receive the remaining $51,005.45 which is to be invested in a single-premium deferred annuity.