Judge: Michael Shultz, Case: 20STCV02062, Date: 2024-04-02 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
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Case Number: 20STCV02062 Hearing Date: April 2, 2024 Dept: A
20STCV02062
[TENTATIVE] ORDER
I. BACKGROUND
Claimant,
Edwin Nolasco, by and through his sister and Guardian ad Litem, Ana Lloyd,
settled his claims arising from multiple incidents of sexual assault
perpetrated by Defendant, Doe 1. Claimant was 21 years old at the time and attending
classes provided by Los Angeles Unified School District (“LAUSD”) at Banneker
Career and Transition Center (“Banneker”). (FAC, ¶ 2-3.
Claimant
has settled his claims against LAUSD for $380,000 to be disbursed as follows:
|
DISBURSEMENTS
FROM SETTLEMENT |
|
|
|
Gross
settlement |
|
$380,000.00 |
|
Medi-Cal
lien |
$186.50 |
|
|
Attorney’s
fees (33 1/3%) |
126,666.66 |
|
|
costs
|
64,532.26 |
|
|
Total
disbursements |
|
$191,385.42 |
|
Net
settlement to Claimant |
|
$188,614.58 |
|
DISTRIBUTION
OF NET SETTLEMENT |
$188,614.58 |
|
Fund
annuity |
-165,000.00 |
|
Transfer
to Guardian for “immediate necessities” |
-23,614.58 |
|
|
($ 0.00) |
A
claimant’s settlement is valid if approved by the court after a hearing. (Prob. Code, §§3505, 3500.) Claimant Nolasco has suffered permanent injuries as a result of
the alleged attacks. Counsel is required to provide “an original or a photocopy
of any doctor's report containing a diagnosis of the claimant's injuries or a
prognosis for the claimant's recovery, and a report of the claimant's current
condition, must be attached to this petition as Attachment 8. A new report is
not necessary if a previous report accurately describes the claimant's current
condition.” (Petition ¶ 8.)
Counsel
proposes to deposit into his trust account $215,000 from which Counsel intends
to pay the Medi-Cal lien and to distribute $23,614.58 to the Guardian ad Litem.
The amount of the net settlement that can be transferred to the Guardian ad
Litem is limited to $5,000.00. (Prob. Code, § 3611 subd. (e). The
Court has discretion to order that all or part of the money, not exceeding $20,000,
be held on any other conditions the Court determines is in the Claimant’s best
interest. (Prob. Code § 3611 subd. (f).) Alternatively, the Court can order
deposit of $23,614.58 into a blocked account for the benefit of Claimant.
The
Court will hear from the parties as to the proposed transfer of funds directly
to the Guardian. The proposed order should be amended to reflect that checks
will be issued in the following manner:
1)
A check for counsel’s fees and costs
totaling $191,198.92.
2)
A check to Medi-Cal for $186.50.
3)
A check to New York Life Insurance
Company for $165,000 to fund the annuity.
4)
A copy of the terms of the annuity
and schedule shall be attached to the proposed order.
5)
An order for distribution of the
balance of $23,614.58 into a blocked account for the benefit of the Claimant
(or as otherwise ordered at the hearing).
The
hearing is continued to