Judge: Melvin D. Sandvig, Case: 24CHCV00858, Date: 2024-10-22 Tentative Ruling

Case Number: 24CHCV00858    Hearing Date: October 22, 2024    Dept: F47

Dept. F47

Date: 10/22/24

Case #24CHCV00858

MINOR’S COMPROMISE

Petition filed on 9/24/24.

MINOR: Gael Sebastian Tobar

GAL: Reynaldo I. Tobar (parent)

DEFENDANT: Gary W. Klein

SUMMARY OF ACTION: This action arises out of motor vehicle versus pedestrians accident.  On 4/6/22, plaintiffs, including minor, were walking through an intersection on a green light when they were hit by a vehicle driven by Defendant Gary W. Klein.

Minor, who was just under 1 year old at the time of the incident, suffered mood changes, restlessness and trouble sleeping.  Minor was treated at Kaiser.  Minor has completely recovered from her injuries.

AMOUNT OF SETTLEMENT: Defendant Klein to pay $32,500.00 

MEDICAL EXPENSES: $0

ATTORNEY FEES: $8,125.00

COSTS: $775.00

AMOUNT TO BE PAID TO MINOR: $23,600.00 to be deposited into an insured account subject to withdrawal only on authorization of the court.

RULING: The hearing will be continued.

The petition suffers from the following defects:

(1) No.11.b.(1) indicates that the total amount offered to others in settlement is $32,500.00.  However, No.11.b.(5) indicates that the total is $200,000.00.

(2) No.13.b. in the petition indicates costs in the total amount of $775.00 for various items without breaking down the cost for each item.  This is the same amount claimed in the petition on behalf of Luna Celeste Tobar.  As such, it is not clear if the attorney is seeking double recovery for the same costs or whether they are apportioned among the minors and the adult plaintiff/their father/GAL. 

(3) Although the petition says the minor was treated at Kaiser Permanente, no medical records are attached to the petition.  (See Petition, Nos.7 and 8, No Attachment 8)

(4) The attorney-client retainer agreement does not indicate that it was signed on behalf of the minor.  (See Attachment 17a, pdf 22).

(5) The proposed Order Approving Compromise incorrectly indicates that the attorney fees to be awarded from the minor’s settlement are $25,000.00 and there is to be reimbursement of $435.00 in expenses to minor’s attorney.  (See proposed Order, No.8.a.(1) and (2))

(6) No.5.b. in the Order to Deposit Funds in Blocked Account is not marked.

The hearing will be continued.  Petitioner is ordered to file an amended petition and amended proposed orders correcting the above-noted defects.

The Court notes that counsel has improperly used the same reservation number for two petitions.  Counsel is advised that in the future separate reservations are required for each petition.

Dept. F47

Date: 10/22/24

Case #24CHCV00858

MINOR’S COMPROMISE

Petition filed on 9/24/24.

MINOR: Luna Celeste Tobar

GAL: Reynaldo I. Tobar (parent)

DEFENDANT: Gary W. Klein

SUMMARY OF ACTION: This action arises out of motor vehicle versus pedestrians accident.  On 4/6/22, plaintiffs, including minor, were walking through an intersection on a green light when they were hit by a vehicle driven by Defendant Gary W. Klein.

Minor, who was almost 3 years old at the time of the incident, suffered  head contusions, stress, mood changes, separation anxiety, trouble sleeping and has been diagnosed with Unspecified Trauma and Stressor related disorder.  Minor was treated at Kaiser, Department of Psychiatry.  Minor has completely recovered from her injuries.

AMOUNT OF SETTLEMENT: Defendant Klein to pay $100,000.00 

MEDICAL EXPENSES: $223.00 (total), $148.00 (reduction); $75.00 to be paid from settlement proceeds

ATTORNEY FEES: $25,000.00

COSTS: $775.00

AMOUNT TO BE PAID TO MINOR: $74,150.00 to be deposited into an insured account subject to withdrawal only on authorization of the court.

RULING: The hearing will be continued.

The petition suffers from the following defects:

(1) No.2.e. in the petition was mistakenly marked. 

(2) No.11.b.(1) indicates that the total amount offered to others in settlement is $100,000.00.  However, No.11.b.(5) indicates that the total is $132,500.00.

(3) No.13.b. in the petition indicates that the costs are continued/itemized in Attachment 13b; however, there is no Attachment 13b to the petition.

(4) The attorney-client retainer agreement does not indicate that it was signed on behalf of the minor.  (See Attachment 17a, pdf 56).

The hearing will be continued.  Petitioner is ordered to file an amended petition correcting the above-noted defects.

The Court notes that counsel has improperly used the same reservation number for two petitions.  Counsel is advised that in the future separate reservations are required for each petition.