Judge: Melvin D. Sandvig, Case: 23CHCV00709, Date: 2024-02-23 Tentative Ruling

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Case Number: 23CHCV00709    Hearing Date: April 2, 2024    Dept: F47

Dept. F47

Date: 4/2/24

Case #23CHCV00709

MINOR’S COMPROMISE

Petition filed on 3/1/24. 

MINOR: Diego Won

GAL: Yolanda Won (parent)

Defendant: Elida Ortiz

RULING: The petition is denied without prejudice. 

This action arises out of dog bite incident that occurred on 3/28/21 at Golden Valley Dog Park in Santa Clarita.  On that date, Defendant Elida Ortiz’s (Defendant) dog bit minor Diego Won in the presence of his family members and co-plaintiffs, Hanson Won (father, Hanson), Yolanda Won (mother, Yolanda) and Nicolas Won (Nicolas, brother).  On 3/10/23, Plaintiffs filed this action against Defendant for: (1) strict liability in tort, (2) negligence and (3) negligent infliction of emotional distress.  No proof of service for the complaint has been filed and Defendant has not appeared in the action. 

On 1/31/24, Yolanda, on behalf of Diego, filed the instant petition for approval of compromise of the claim of Diego.   

The petition indicates that Defendant will pay a total of $71,500.00 to settle all of the Plaintiffs’ claims in this action with $56,500.00 being allocated to Diego and each of the other Plaintiffs receiving $5,000.00.

The petition indicates medical expenses in the total amount of $2,817.00 have been incurred with $342.00 having been paid.  Medical expenses in the amount of $2,475.00 are to be paid from the settlement.  Additionally, attorney fees in the amount of $14,125.00 and expenses in the amount of $1,965.95 are to be deducted from Diego’s settlement funds leaving $37,934.05 to be paid to Diego who still has faint scars from the incident. 

As noted above, Defendant has not appeared in this action and there is no proof of service for the complaint.  The declaration of attorney Barry L. Edzant indicates that Defendant is insured by State Farm and an unnamed State Farm adjuster offered the $71,500.00 global settlement.  (Attachment 13a - Edzant Decl. ¶3).  The proof of service attached to the petition indicates that that on 3/1/24, the petition was electronically served on: “Jami L. Kuzara, Claim Specialist – Fire Casualty/State Farm Insurance/PO Box 106169/Atlanta, GA 30348-6169/ statefarmfireclaims@statefarm.com.” There are no documents in the petition or in the court file by which the Court can confirm the foregoing.

Additionally, Item 18.b.(7) in the petition indicates that Diego’s settlement funds are to be transferred to the trustee of a trust that is either created by or approved in the order approving the settlement.  However, Item 10.c. and Attachment 18b(7) of the petition, Item 9.c.(2) of the proposed Order to Approve the Compromise and the proposed Order to Deposit Money Into Blocked Account indicate that Diego’s settlement funds are to be placed in a blocked account which would fall under Item 18.b.(2).  As previously noted in the Court’s 2/23/24 Minute Order, if a trust is to be created/approved, it would have to be submitted to the Probate Division for approval.  See Los Angeles Superior Court, Local Rule 4.115(c); 2/23/24 Minute Order, p.2).  There is no evidence that a trust has been prepared or submitted to the Probate Division for approval.  That Plaintiff’s counsel believes it is appropriate to mark Item 18.b.(7) because the funds are to be deposited in a blocked account does not change this requirement.  (See 2/23/24 Minute Order, p.2).

The Court previously noted that a petition for approval of the compromise of the claim of minor plaintiff Nicolas Won had not been filed.  In the attorney declaration filed in support of the current petition, attorney Edzant states that “(Nicolas did not require a minor’s compromise, as State Farm authorized a parent-guardian release.)”  (See Attachment 13a – Edzant Decl. ¶4).  It is not clear whether the $5,000.00 settlement on behalf of Nicolas has already been paid.

According to LASC Local Rule 4.115(a)(2) and the California Probate Code, “[i]f a settlement for a minor or a person with a disability is reached in a pending civil action, the settlement must be approved in the court in which the action is pending (Prob. Code §2505(a)).”  (See also Petition, No.3.b.).  Additionally, if the value of the minor’s estate, including the money from the settlement does not exceed $5,000.00, it can be delivered to the parent without a bond.  See LASC Local Rule 4.115(b)(1); Probate Code 3611(e), 3400, et seq.; (Petition No.18.b.(5)). 

Since Nicolas’ claim was the subject of this pending court action, court approval of the compromise is required.