Judge: Randy Rhodes, Case: 21STCV21766, Date: 2022-12-27 Tentative Ruling

Case Number: 21STCV21766    Hearing Date: December 27, 2022    Dept: F51

Dept. F-51 

Date: 12/27/22 

Case #21STCV21766

MINOR’S COMPROMISE

Petition filed on 12/22/22. 

MINOR: Christian Gutierrez 

GAL:  Susana Alvarez (parent) 

DEFENDANTS: Republic Master Chefs Company; American Textile Maintenance Company; Penske Truck Leasing Co., L.P.; Daniel Espino Corona

(collectively, “Defendants”)

RELIEF REQUESTED: Approval of the compromise of the claim of the minor. 

TENTATIVE RULING: The petition is granted.

SUMMARY OF ACTION: Plaintiffs/Claimants Christian and Jose Gutierrez are minors, bringing this personal injury action against Defendants through their parent and guardian ad litem Susana Alvarez. On 8/11/20, defendant Daniel Espino Corona, a truck driver employed by defendants Republic Master Chefs Company, American Textile Maintenance Company, and Penske Truck Leasing Co., L.P., was making a delivery at Plaintiffs’ apartment complex, when Plaintiffs were playing on or near the truck. Plaintiffs then climbed onto the rear bumper of the truck, and Corona thereafter began driving the truck away while Plaintiffs were still on the rear bumper.

Plaintiff/claimant Christian Gutierrez (“Claimant”) allegedly suffered a skull fracture, acute right subdural hematoma, significant brain swelling, and pulmonary contusion from the incident, and received emergency medical care, intubation, and three subsequent brain surgeries. Claimant received rehabilitative care including physical therapy, occupational therapy, and psychotherapy, and continues to reside at an outpatient rehabilitation center for such therapies. Claimant is permanently physically disabled and brain damaged, including the following permanent injuries: emotional instability, asymmetrical paralysis, cognitive and language difficulties, frontal lobe syndrome (hyperactivity and inability to concentrate), executive dysfunction and conduct dyscontrol with poor boundary formation, depression, and difficulty with activities of daily living.

SETTLEMENT: Defendant American Textile Maintenance Company (dba Republic Master Chefs Company) to pay Claimant $4,750,000.00.

MEDICAL EXPENSES: Total medical expenses to be paid or reimbursed from settlement proceeds, to be determined pending final MediCal and County liens.

ATTORNEY FEES: $1,900,000.00 to be paid from settlement proceeds.

OTHER COSTS/EXPENSES: $299,663.59 for costs advanced on behalf of claimant.

AMOUNT TO BE PAID TO MINOR: To be determined pending final MediCal and County liens. Final amount to be (1) invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the Court; and (2) paid or transferred to the trustee of a special needs trust established under Probate Code section 3604 for the benefit of the minor.

CONCLUSION: The petition is continued.

Dept. F-51 

Date: 12/27/22 

Case #21STCV21766

MINOR’S COMPROMISE

Petition filed on 12/19/22. 

MINOR: Jose Gutierrez 

GAL:  Susana Contreras Alvarez (parent) 

DEFENDANTS: Republic Master Chefs Company; American Textile Maintenance Company; Penske Truck Leasing Co., L.P.; Daniel Espino Corona

(collectively, “Defendants”)

RELIEF REQUESTED: Approval of the compromise of the claim of the minor. 

TENTATIVE RULING: The petition is granted.

SUMMARY OF ACTION: Plaintiffs/Claimants Christian and Jose Gutierrez are minors, bringing this personal injury action against Defendants through their parent and guardian ad litem Susana Alvarez. On 8/11/20, defendant Daniel Espino Corona, a truck driver employed by defendants Republic Master Chefs Company, American Textile Maintenance Company, and Penske Truck Leasing Co., L.P., was making a delivery at Plaintiffs’ apartment complex, when Plaintiffs were playing on or near the truck. Plaintiffs then climbed onto the rear bumper of the truck, and Corona thereafter began driving the truck away while Plaintiffs were still on the rear bumper.

Plaintiff/claimant Jose Gutierrez (“Claimant”) allegedly suffered a concussion, back pain, and neck pain from the incident, and received emergency medical care for blunt head injury, scalp hematoma, and concussion. Claimant was later evaluated by an orthopedic surgeon for neck and back pain. Claimant continues to suffer occasional neck pain, without any permanent injuries.

SETTLEMENT: Defendant American Textile Maintenance Company (dba Republic Master Chefs Company) to pay Claimant $150,000.00.

MEDICAL EXPENSES: $3,676.19 to be paid or reimbursed from settlement proceeds.

ATTORNEY FEES: $60,000.00 to be paid from settlement proceeds.

OTHER COSTS/EXPENSES: $35,666.66 for costs advanced on behalf of claimant.

AMOUNT TO BE PAID TO MINOR: $50,657.15 to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the Court.

CONCLUSION: The petition is granted.