Judge: Melvin D. Sandvig, Case: 23CHCV00115, Date: 2023-04-11 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 23CHCV00115    Hearing Date: April 11, 2023    Dept: F47

Dept. F47

Date: 4/11/23

Case #23CHCV00115

MINOR’S COMPROMISE

Petition filed on 2/3/23.

MINOR: Selene Barajas

GAL: Miguel Angel Barajas (parent)

DEFENDANT: Claudia Gutierrez

SUMMARY OF ACTION: This action arises out of a motor vehicle accident wherein minor was a passenger in one of the vehicles along with her mother (driver), father, and grandmother.  Minor suffered neck, low back, right leg pain; right hip bruise and anxiety. 

SETTLEMENT: $6,210.00

Defendant Gutierrez’s insurance policy limits with State Farm were set forth in a declaration provided by her attorney (but not provided to the Court) which purportedly stated that the limits are as follows: $25,000.00 bodily injury limit per person/$50,000.00 bodily injury limit per accident.  Plaintiff Stephanie Barajas had no underinsured provision on her automobile policy. The policy limits of defendant's policy were obtained and apportioned between the claimant/minor and each other plaintiff or claimant named in the petition.  The apportionment was based on the severity of injuries sustained by each plaintiff. 

ATTORNEY FEES: $1,552.50

MEDICAL EXPENSES: $62,109.52 (total); $43,748.83 (paid); $59,879.52 (reduction); $2,070.00 (to be paid from settlement)

EXPENSES: $589.84

AMOUNT TO BE PAID TO MINOR: $1,997.66 to be deposited in an insured account

RULING: The petition is granted/compromise is approved.