Judge: Michelle C. Kim, Case: 22STCV11200, Date: 2023-12-08 Tentative Ruling
Case Number: 22STCV11200 Hearing Date: December 8, 2023 Dept: 31
DEPT: | 31 |
HEARING DATE: | 12/08/2023 |
CASE NAME/NUMBER: | 22STCV11200 R. Y. by and through GAL RENEE YANG vs MOSHE GABAY, et al. |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | R.Y., Age 10 |
RECOMMENDATION: | GRANT |
TENTATIVE¿
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The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿
Claimant R.Y. (“Claimant”) has agreed to settle their claim against Defendant for the total amount of $190,000. If the settlement is approved, $2,214.92 will be used for medical expenses, $76,000 for attorneys’ fees, and $7,055.59 will be used for costs. The net balance of $104,729.49 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.
The Court reviews the settlement and finds it fair and reasonable. The Court also finds the attorney’s fees fair and reasonable, in that the Court is satisfied with the attorney declaration justifying the basis for 40% of Claimant’s settlement. Based on the foregoing, the petition is GRANTED.
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The Court sets an Order to Show Cause Re: Compliance: Proof of Purchase of Annuity(ies) on____________________ IN DEPARTMENT SS-31 AT 8:30 AM.¿¿¿
Moving party is ordered to give notice.