Judge Peter A. Hernandez, Case Number: 23PSCV00148, Date: 2024-01-23 Tentative Ruling

Petitioner Desiree Delgado’s Petition to Approve Minor’s Compromise of Pending Action is GRANTED, subject to counsel’s provision of the information identified below.

On January 18, 2023, Plaintiff Savannah Irene Valdez, a minor, by and through her guardian ad litem, Desiree Delgado (“Plaintiff”) filed a complaint, asserting a cause of action against Defendants Athena Apodaca aka Athena Diaz (“Apodaca”), Luis Diaz, Go Sui, Nancy Ong Uy and Does 1-25 for:

On March 13, 2023, Plaintiff filed an unconditional “Notice of Settlement of Entire Case.”

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) California Rules of Court Rule 7.950 provides that a petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.” (See Cal. Rules of Court, rule 7.950.) Rule 7.950 states that the Petition must be filed on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).

Petitioner Desiree Delgado (“Petitioner”) seeks court approval of a settlement between minor claimant Savannah Irene Valdez (“Savannah”) and Apodaca in the total amount of $102,000.00. (Petition, ¶ 11). Petitioner is Savannah’s parent. (Id., ¶ 1).[1]

The petition is executed by Petitioner. The petition explains that on February 6, 2021, Savannah sustained lacerations to her left chin and left cheek when she was attacked by dogs. (Id., ¶¶ 4-6). She also sustained 14 scratches on her left arm, shoulder and wrist. (Id., ¶ 6). Savannah was taken to Pomona Valley Hospital, where her lacerations were cleaned, evaluated and sutured. (Id., ¶¶ 6 and 7). Savannah also consulted with Dr. Ronald F. Rosso (“Rosso”) at Peninsula Plastic Surgery. (Id., ¶ 7). Savannah has recovered completely from the effects of the aforementioned injuries and there are no permanent injuries. (Id., ¶ 9).[2]

Apodaca (via Lemonade Insurance Company) has also offered to pay Savannah $102,000.00. (Id., ¶ 10). Petitioner has failed to check either Paragraph 11(a) or 11(b) (i.e., regarding “Settlement payments to others”), though it appears Paragraph 11(a) should have been checked; the court will request that counsel provide this information at the time of the hearing.

Savannah’s total medical expenses before any reductions are $7,597.37. (Id., ¶ 12). Medi-Cal has agreed to accept reimbursement in the amount of $247.87 in full satisfaction of its lien rights. (Id., Attachment 12b(4)(c).) Petitioner represents that the total of negotiated, contractual or statutory reductions, is $6,374.48 and that $1,222.87 of the total medical expenses will be paid from the proceeds (i.e., which includes $247.87 to Medi-Cal and $975.00 to Peninsula Plastic Surgery). (Id., ¶ 12).

The total amount of attorney’s fees for which court approval is requested is $25,500.00. (Id., ¶ 13a.). This equates to 25% of the total recovery. The total amount of expenses is $2,571.76. (Id., ¶ 13b.). Petitioner has attached a declaration from Sergio F. Benedetto, as well as a copy of the retainer agreement. The court has reviewed the declaration of Benedetto and believes that 25% is an appropriate percentage for attorney’s fees here.

The net balance of proceeds for Savannah after payment of all requested fees and expenses is $72,705.37, which will be deposited in an insured blocked account at Wells Fargo Bank in Hesperia. (Id., ¶ 18, Attachment 18a(3)(a).)

The court finds the settlement is fair and reasonable. The petition is granted, subject to counsel’s provision of the information requested above.

[1] Petitioner erroneously represents, in Paragraph 3(a), that Savannah’s claim “[i]s not the subject of a pending action or proceeding.” Petitioner should have checked Paragraph 3(b) and completed the information requested therein. The court does not find this error fatal to its ruling.

[2] Petitioner has not provided the court with an Attachment 8, but has appended “Medical Bills & Reports” to the petition, which is comprised of, inter alia, discharge instructions from the Pomona Valley Hospital Medical Center (“PVHMC”) Emergency Department and an undated letter to Plaintiff’s counsel from Rosso, wherein Rosso reports on his July 1, 2021 reconstructive plastic surgery examination of Savannah. This is sufficient.