Judge: Michelle C. Kim, Case: 20STCV41670, Date: 2023-08-22 Tentative Ruling

Case Number: 20STCV41670    Hearing Date: August 30, 2023    Dept: 31

DEPT:  

31 

HEARING DATE: 

08/30/2023 

CASE NAME/NUMBER: 

20STCV41670 LOURDES GARCIA, et al. vs R.K. LOGISTICS INC., et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

Michelle Rodriguez, Age 17 

RECOMMENDATION: 

DENY 

 

TENTATIVE¿ 

¿ 

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

 

The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor Michelle Rodriguez, Age 17 (“Claimant”).  

 

The Court denies the petition for the following reasons: 

 

  • MC-350, Items 6 and 7 pertain to injuries and treatment Claimant Michelle Rodriguez had received, if any, as a result of the incident. However, Petitioner provides that Claimant suffered “Fatal Injuries – Instant Death” and was “Pronounced dead at scene.” This appears to be the information for Decedent, Ricardo Rodriguez Guadarrama. Petitioner must correct these items with information relevant to Claimant.  

 

  • Petitioner must mark at least one box in Item 8, whichever is applicable.  

 

  • Item 13(c) is filled incorrectly; this portion is for additional items of expense aside from those already listed. Petitioner indicates litigation costs and expenses to be $6,882.46, which does not correspond to the total amount of $87,529.56 also provided in Item 13(c). It appears that Petitioner added the attorney’s fees requested in item 13(a) with Item 13(c). Petitioner must keep these amounts separate.  

 

Aside from the above noted defects, the Court finds the settlement is reasonable, and the request for attorney’s fees from Claimant’s portion of the net settlement fair in that it amounts to 25% of proceeds. Petitioner must refile and cure the defects before the Court will approve the petition.  

 

 

Moving party is ordered to give notice.