Judge: Michael E. Whitaker, Case: 22SMCV02231, Date: 2023-12-13 Tentative Ruling

Case Number: 22SMCV02231    Hearing Date: December 13, 2023    Dept: 207

TENTATIVE RULING

MOTION

On November 4, 2022, Plaintiff Felix Guo (“Plaintiff”), a minor, through his guardian ad litem, Min Xie (“Petitioner”) filed this action against Defendant Big 5 Sporting Goods Corporation for negligence and premises liability, stemming from injures Plaintiff suffered after he fell on a metal staircase, causing the tip of his right middle finger to become severed off. 

On October 10, 2023, a Notice of Settlement of the Entire Case was filed.

On November 15, 2023, Petitioner filed a Petition for Approval of Compromise of Claim for a Minor.  In section 11.b.(3), Petitioner states that Petitioner “is not” a plaintiff in the same action with the claimant.  (See Petition, § 11.b.(3).)  The Court finds that the representation is incorrect.  However, the Court finds the error to be harmless as Petitioner represents that the entire action will be dismissed with prejudice upon approval of the compromise.  (See Petition, § 10.c.)

ANALYSIS

            The parties have agreed to settle the case for a total amount of $450,000.  The Court finds that Petitioner is guardian ad litem of Plaintiff, as the Court granted Petitioner’s application for appointment of guardian ad litem on November 14, 2022.  The Court also finds the gross settlement, the attorneys’ fees, medical expenses and other expenses (costs) to be fair and reasonable. 

CONCLUSION AND ORDER

Petitioner Min Xie’s Petition to Approve Compromise of Claim for a Minor is granted and the Court has approved the order. 

DATED:  December 13, 2023                                                ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court