Judge: Michelle C. Kim, Case: 21STCV35599, Date: 2023-03-23 Tentative Ruling

Case Number: 21STCV35599    Hearing Date: March 23, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Ligia Vargas (“Petitioner”), Natalia Okamura (“Okamura”), and Izabella Lingley (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendants Carolina Arias Santoyo and Joaquin Espinoza (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Claimant suffered an abdominal injury; she has now recovered completely from the effects of her injuries. 

This matter was last heard on March 16, 2023, where it was continued to allow Claimant to appear and provide testimony.  (Min. Order, March 16, 2023.)  Plaintiffs have agreed to settle all claims with Defendants for the total amount of $148,000.00, with $90,000 being apportioned to Petitioner, $10,000 to Okamura, and $48,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $1,997.60 will be used for medical expenses, $12,000.00 for attorney fees, and $763.17 will be used for costs.  The net balance of $33,239.23 will be invested in a single-premium deferred 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 13 years old, and so the Court will require Claimant to appear at the hearing along with Petitioner.  They are encouraged to appear remotely.  If the Court is satisfied with Claimant’s and Petitioner’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 23^rd day of March 2023