Judge: Michelle C. Kim, Case: 19STCV38999, Date: 2023-04-11 Tentative Ruling

Case Number: 19STCV38999    Hearing Date: April 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

            This is an expedited petition to approve compromise of pending action of two minors: Blake Capanna and Romel Roque. 

            Claimant Black Capanna (“Claimant”), a minor, by and through their guardian ad litem and parent, Chequita Capanna, (“Petitioner”), has agreed to settle the claim against Defendants Cecilia Rivera and Jose Solares (“Defendants”) in exchange for $1,500.00.  If approved, $33.12 will be used to pay medical expenses, $375.00 will be used to pay attorney’s fees, and $30.00 for non-medical expenses, leaving a balance of $1,061.88 for Claimant.  Petitioner did not check the option(s) of how the balance of the proceeds of the settlement will be disbursed.

            Claimant Romel Roque (“Claimant”), a minor, by and through their guardian ad litem and parent, Chequita Cappana, (“Petitioner”), has agreed to settle the claim against Defendants Cecilia Rivera and Jose Solares (“Defendants”) in exchange for $14,000.00.  If approved, $1,360.02 will be used to pay medical expenses, $3,500.00 will be used to pay attorney’s fees, and $2,511.57 for non-medical expenses, leaving a balance of $6,628.41 for Claimant.  Petitioner did not check the option(s) of how the balance of the proceeds of the settlement will be disbursed.

            Petitioner filed the petitions and proposed orders on February 21, 2023.  No hearing date is requested by Petitioner but an Order to Show Cause Re: Status of Minor’s Compromise is set for April 11, 2023.  

            Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.)  The conditions of an expedited petition are:

(1)    The petitioner is represented by an attorney authorized to practice in the courts of this state;

(2)    The claim is not for damages for the wrongful death of a person;

(3)    Settlement proceeds will not be placed in a trust;

(4)    There are no unresolved liens to be satisfied from the proceeds of the settlement;

(5)    Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier;

(6)    Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition;¿ 

(7)    If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith;¿ 

(8)    The settlement, exclusive of interests and costs, is $50,000 or less¿

(9)    Or if greater than $50,000, the amount payable is the insurance policy limits and all¿ proposed contributing parties would be substantially unable to use assets other than the insurance policy limits; and 

(10) The court does not otherwise order.¿ 

(Cal Rules of Court, Rule 7.950.5.)

The expedited petitions are denied without prejudice for the following reasons.

            Petitioner was appointed guardian ad litem (12/09/19) of claimants but the guardian ad litem box is not checked in Item 1 of both petitions.  Also, Petitioner did not check the option(s) of how the balance of the proceeds of the settlement will be disbursed in Item 19b of both petitions.  Finally, item 8b(1) of the proposed order as to Claimant Blake Capanna does not specify the total amount of the balance that will be disbursed by one or more checks or drafts. 

Accordingly, Petitioner’s expedited petitions to approve minor’s compromise are denied without prejudice.  Petitioner must address the above defects, so that further review of the settlement may be undertaken.

Petitioner is ordered to give notice.

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