Judge: Michael Shultz, Case: 21CMCV00314, Date: 2024-08-06 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: 21CMCV00314 Hearing Date: August 6, 2024 Dept: A
21CMCV00314 Alicia Brockman-Posey, et al. v. Autumn
Wind, LLC et al.
[TENTATIVE]
ORDER
This
action arises from injuries caused by Defendants’ alleged failure to maintain
Plaintiffs’ residence in a habitable condition causing the minor Claimant to
suffer from respiratory illness and skin irritation. Petitioner represents that
the Claimant has fully recovered from her injuries, and there are no permanent
injuries. The matter settled globally for $85,000, with $4,950 distributed to
the Claimant. Counsel does not request reimbursement for costs and fees. Medical
expenses have not been incurred. Petitioner proposes that the settlement be
distributed to the Claimant’s guardian ad litem, Alicia Brockman-Posey, as permitted
by Probate Code § 3401, since the settlement amount is
less than $5,000.
A
minor’s settlement is valid if approved by the court after a hearing. (Prob. Code, §§3505, 3500.) Petitioner and Claimant must appear at the hearing, unless the
Court finds good cause to excuse their appearance. (Cal. Rules of Court, 7.952.) Subject to
a hearing, the Court is inclined to grant the petition.