Judge: Michelle C. Kim, Case: 22STCV11963, Date: 2023-12-01 Tentative Ruling

Case Number: 22STCV11963    Hearing Date: December 21, 2023    Dept: 31

DEPT:  

31 

HEARING DATE: 

12/21/2023 

CASE NAME/NUMBER: 

22STCV11963 JANET GIOVANNA PAREDES GIRALDO, et al. v. CARLOS SOLIS, et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

Janet Giovanna Paredes Giraldo, Age 41 

RECOMMENDATION: 

GRANT 

 

TENTATIVE¿ 

¿ 

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

 

This is an action arising from the wrongful death of Decedent Domingo Gaspar Paredes Giraldo (“Decedent”) was working on a roof when he fell through a skylight and fell two stories to the ground and suffered fatal injuries. Decedent was hospitalized from the date of his injury until his passing on September 3, 2020.  

 

Plaintiffs have agreed to settle their claims against Defendants for the total amount of $1 million, with the entire $1 million being provided to Janet Giovanna Paredes Giraldo (“Claimant”). If the settlement is approved, $300,158.11 will be used for medical expenses, $333,333.33 for attorneys’ fees, and $14,055.91 will be used for costs.  The net balance of $352,452.65 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. 

 

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorneys’ fees fair and reasonable, because the Court is satisfied with the attorney declaration justifying 33.33% of Claimant’s settlement. Further, Petitioner’s counsel separately filed declaration has clarified that the medical expenses sought from Claimant’s settlement are for Decedent’s past medical expenses and provides documentation in support thereof. (Carr Decl., Dec. 1, 2023) 

 

Based on the foregoing, the Petition filed on September 14, 2023, is GRANTED.¿¿ 

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.