Judge: Melvin D. Sandvig, Case: BC654338, Date: 2023-08-15 Tentative Ruling

Case Number: BC654338    Hearing Date: April 15, 2024    Dept: F47

Dept. F47

Date: 4/15/24

Case #BC654338

MINOR’S COMPROMISE

Petition filed on 3/4/24.

MINOR: Jesus Hector Chinchillas Dominguez, Jr.

GAL: Dinorah Chinchillas (aunt)

DEFENDANT: Dylan Rutherford

SUMMARY OF ACTION: Minor’s father was killed in a motor vehicle accident caused by a drunk driver.  Minor did not receive any treatment and the petition indicates that he has completely recovered. 

SETTLEMENT: $30,000 to be paid by Defendant Dylan Rutherford.

ATTORNEY FEES: $0

COSTS: $15,138.05

AMOUNT TO BE PAID TO MINOR: $14,861.95

RULING:   

This action arises out of the death of the minor’s father in a motor vehicle accident caused by a drunk driver.  Minor did not receive any treatment and the petition indicates that he has completely recovered.

Defendant Dylan Rutherford has agreed to pay $30,000 in settlement.  Costs of $15,138.05 will be deducted from the settlement amount.  No attorney fees will be deducted.  The minor will receive $14,861.95 which will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. 

The proofs of service attached to the petition and proposed order indicate the documents were served on Defendant Dylan Rutherford’s counsel by electronic mail at eedward@lbbslaw.com which does not match the email address in eCourt for Rutherford’s counsel (kara.pape@lewisbrisbois.com) or the email address (Edward.Ward@lewisbrisbois.com) on the last document filed on behalf of Rutherford on 2/9/23.

If Rutherford’s counsel appears at the hearing or submits a declaration indicating that Rutherford has no objection to the granting of the petition, the petition will be granted.  If not, the hearing will be continued so that the petition can be properly served on Rutherford’s counsel.