Judge: Michelle C. Kim, Case: 20STCV41248, Date: 2023-05-11 Tentative Ruling

Case Number: 20STCV41248    Hearing Date: May 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

XIUYING LIN, ET AL.,

                        Plaintiff(s),

            vs.

YUEHUA JIN, ET AL.,

                        Defendant(s).

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Case No.: 20STCV41248

 

[TENTATIVE] ORDER CONDITIONALLY GRANTING PETITION TO APPROVE COMPROMISE

 

Dept. 31

1:30 p.m.

May 11, 2023

 

Plaintiffs Xiuying Lin (“Petitioner”) and Peggy Wen (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendant Yuehua Jin (“Defendant”) for damages arising from a motor vehicle accident. Claimant suffered a headache, dizziness, neck pain, and right shoulder pain as a result of the accident. Claimant has now recovered completely from the effects of the injuries.

 

The parties have agreed to settle the case for the total amount of $150,000, with $100,000 being apportioned to Petitioner and $50,000 to Claimant. Pertaining to Claimant, if the settlement is approved, $4,272.47 will be used for medical expenses, $12,500 for attorney fees, and $312.77 for costs. The net balance of $32,914.76 will be deposited into a blocked account.

 

The court has reviewed the settlement and finds it fair and reasonable. Further, the requested attorney’s fees, which amounts to 25% of the total settlement, is fair and reasonable. 

 

Petitioner proposes to transfer the settlement proceeds to be deposited in an insured account subject to withdrawal only on authorization of the court.  Petitioner has filed a proposed order approving the compromise and a proposed order to deposit the settlement funds in a blocked account.

 

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. Claimant herein is only 12 years old and was only eight when the incident occurred. The Court finds Claimant’s age constitutes good cause to excuse her appearance. Only Petitioner will be required to appear at the hearing. If the court is satisfied with Petitioner’s testimony, the court will grant the petition.


The Court sets an OSC for ________________ for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

 

Petitioner is ordered to give notice. 


The Court is not available to hear oral argument on this date.  The parties must work with the clerk to find an available date for the hearing on the minor’s compromise.


Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely.

 

Dated this 11th day of May 2023

 

 

 

 

Hon. Michelle C. Kim

Judge of the Superior Court