Judge: Michelle C. Kim, Case: 20STCV09045, Date: 2024-01-29 Tentative Ruling

Case Number: 20STCV09045    Hearing Date: April 11, 2024    Dept: 31

DEPT:  

31 

HEARING DATE: 

04/11/2024 

CASE NAME/NUMBER: 

20STCV09045 JOSE A. ALVARADO vs RICHARD CRAIG JARVIS, et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

  1. Carlos Alvarado, Age 10; and 

  1. Eduardo A. Alvarado, Age 14 

RECOMMENDATION: 

GRANT 

 

TENTATIVE¿ 

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The Court excuses the personal appearance of Claimants and the guardian ad litem. Counsel may appear by telephone or video conference call.¿ 

 

Plaintiffs have agreed to settle their claims against Defendants in this wrongful death matter for the total amount of $1 million, with $300,000 being apportioned to minor claimants Carlos Alvarado (“Carlos”) and $300,000 being apportioned to Eduardo A. Alvarado (“Eduardo”).  

 

Previously, the Court denied the petitions because Petitioner proposed $10,000 from each of claimants’ settlement to go towards purchasing a home abroad, and the Court therefore requested additional details of how the property would be held. On the renewed petitions, it appears that Petitioner no longer seeks to apportion the net settlement into a home, and proposes that the entirety be placed into a single-premium deferred annuity instead.  

 

Pertaining to Carlos, if the settlement is approved, $120,000 will be used for attorney fees. The net balance of $180,000 will be invested in a single-premium deferred annuity. Attachment 18b(3) provided with Carlos’ petition has the terms and conditions of the annuity intended for Eduardo, not for Carlos. However, the proposed order on MC-351 for Carlos provides the proper annuity details for the correct claimant, and therefore the Court will overlook this defect on the petition. Petitioner requests 40% of Carlos’ settlement proceeds be used for attorney fees. Based upon the declaration submitted, the Court is satisfied with the efforts in this case to justify such a high fee, and hereby GRANTS the petition.  

 

Pertaining to Eduardo, the settlement is the same. If the settlement is approved, $120,000 will be used for attorney fees. The net balance of $180,000 will be invested in a single-premium deferred annuity. Petitioner requests 40% of Eduardo’s settlement proceeds be used for attorney fees. Based upon the declaration submitted, the Court is satisfied with the efforts in this case to justify such a high fee, and hereby GRANTS the petition.  

 

The Court sets an Order to Show Cause Re: Compliance: Proof of Purchase of Annuities on____________________ IN DEPARTMENT SS-31 AT 8:30 AM.  

 

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Moving party is ordered to give notice.