Judge: Michelle C. Kim, Case: 21STCV29160, Date: 2023-03-24 Tentative Ruling

Case Number: 21STCV29160    Hearing Date: March 24, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Emerita Damaris Centeno De Lacayo (“Emerita”), Jose Gilbert Lacayo Ayala (“Ayala”), and Fernando Saul Lacayo (“Claimant”), a minor by and through his guardian ad litem, Saul Gilberto Lacayo Nolasco (“Petitioner”), filed this action against Defendant Elina Bianca Qasabian (“Defendant”) for damages arising from a motor vehicle accident.  Claimant suffered aches and pain to neck, shoulder, arms, hands, and head.  Claimant has recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Defendant for the total amount of $57,100.00, with $12,500 being apportioned to Claimant, $25,400 to Emerita, and $19,200 to Ayala.  Pertaining to Claimant, if the settlement is approved, $2,213.93 will be used for medical expenses, $3,125.00 for attorney fees, and $978.05 will be used for costs.  The net balance of $6,183.02 will be deposited into a blocked account.

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 15 years old, so the Court will require Claimant, along with Petitioner, to appear at the hearing.  They are encouraged to appear remotely.  If the Court is satisfied with Petitioner’s and Claimant’s testimony, the Court will grant the petition.

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 24^th day of March 2023