Judge: Michelle C. Kim, Case: 20STCV46519, Date: 2023-03-21 Tentative Ruling

Case Number: 20STCV46519    Hearing Date: March 21, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Priscilla Christine Vian (“Claimant”), by and through her guardian ad litem, Sandy Christine Armenta (“Petitioner”), filed this action against Defendants Cruise America, Inc. (“Cruise”) and Tracy Maynes Thomson (“Thomson”) for damages arising from a motor vehicle vs. pedestrian accident involving Decedent Eric Vian (“Decedent”) that resulted in Decedent’s death.  Claimant asserts she has been deprived of the love, comfort, affection, society, compassion, tutelage, guidance, support, training, solace, and presence of her father, Decedent.

Claimant, by and through her guardian ad litem and attorney of record, has agreed to settle all claims with Defendant for the total amount of $1,000,000.00.  If the settlement is approved, $250,000.00 for attorneys’ fees and $42,560.00 will be used for costs.  The net balance of $707,440.00 will be invested in a single-premium annuity. 

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorney fees fair and reasonable, in that they amount to 25% of the minor’s settlement.  

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 three years old.  The Court finds Claimant’s age constitutes good cause to excuse her appearance; Claimant is not required to appear.  Petitioner is encouraged to appear remotely.  If the Court is satisfied with Petitioner’s testimony at the hearing, the petition will be granted, and the Court will sign the proposed order to approve the settlement.

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 21^st day of March 2023