Judge: Michelle C. Kim, Case: 22STCV38796, Date: 2024-03-01 Tentative Ruling
Case Number: 22STCV38796 Hearing Date: March 1, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 03/01/2024 |
CASE NAME/NUMBER: | ARYAH GRAHAM, by and through her Guardian ad Litem, CHANDLER TITUS, et al v. OUR FAMILY PAWS RESCUE, INC., A NONPROFIT CORPORATION, et al. |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | Aryah Graham, Age 6 |
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.¿
Plaintiffs have agreed to settle their claims against Defendants for the total amount of $300,000, with $260,000 being apportioned to Aryah Graham (“Claimant”). If the settlement is approved, $68,196.42 will be used for medical expenses, $86,666.66 for attorneys’ fees, and $2,753.47 will be used for costs. The net balance of $102,383.45 will be divided as follows: (1) $82,383.45 to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, and (2) the remaining $20,000 to be deposited into a blocked account.
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The Court reviews the settlement and finds it fair and reasonable.¿The Court also finds the attorney’s fees fair and reasonable, in that counsel’s declaration supports the fee request for 33.33% of Claimant’s settlement. Based on the foregoing, the petition is GRANTED.
The Court sets an OSC Re Proof of Deposit on ___________________in Department SS-31 at 8:30 AM. No appearance required if receipt is filed in advance.
Additionally, 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.