Judge: Michelle C. Kim, Case: 19STCV23816, Date: 2023-04-11 Tentative Ruling

Case Number: 19STCV23816    Hearing Date: April 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

Claimant, Boston Johnson (“Claimant”), a minor by and through their parent and guardian ad litem, Petitioner, Leon Johnson (“Petitioner”) filed this action against Defendants Hambone’s BBQ & Po Boys, Inc., Kenneth Hamilton, Andrea Hamilton, Daryl Hamilton, and Ashraf Kamal Kamel Khalil (collectively “Defendants”).  Defendant Khalil struck Claimant’s mother causing bodily injury and her wrongful death. 

Defendants have agreed to settle the claim for the total amount of $115,000.00, which is to be divided four ways so each heir receives a gross settlement of $28,750.00.  If the settlement is approved, $7,187.50 will be used for attorney’s fees and $266.96 will be used for other non-medical expenses, leaving a balance of $21,295.54 for Claimant.  The balance is to be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the Court.

The petition to confirm minor’s compromise is conditionally granted.  The Court has reviewed the settlement and finds that it is fair and reasonable.  The Court also finds the attorneys’ fees fair and reasonable, in that they amount to 25% of the minor’s settlement.  However, paragraph 10 of the petition requests information regarding the settlement amount offered to each claimant, not the total settlement offered to all.  Petitioner thus must complete paragraph 10 to reflect the $28,750.00 settlement offered to Claimant.  Paragraph 17c is incorrectly filled out.  In paragraph 17c Petitioner indicates Counsel does not expect to receive attorney fees other than those requested in the instant petition.  This appears to be a mistake as Counsel is representing all plaintiffs in this action.  The Court wishes to know the total attorney fees counsel expects to receive from Claimant and the other plaintiffs.  Item 17e is incorrectly completed.  As counsel is representing Claimant and the other plaintiffs, item 17e must reflect such representation.

Accordingly, the petition is conditionally granted.  Petitioner must submit an amended petition addressing the deficiencies described prior to or at the hearing.

Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  The Court finds Claimant’s age constitutes good cause to excuse their appearance.  Petitioner only is required to appear; Petitioner is encouraged to appear remotely.  If the Court is satisfied with Petitioner’s testimony, and it receives an amended petition with the information detailed above, the Court will grant the petition.

PLEASE TAKE NOTICE: 

·         Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

·         If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

·         Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

·         If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

Dated this 11^th day of April 2023