Judge: Robert B. Broadbelt, Case: 19STCV32593, Date: 2024-01-08 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 19STCV32593 Hearing Date: January 24, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
|
vs. |
Case
No.: |
19STCV32593 |
|
|
|
|
|
Hearing
Date: |
January
24, 2024 |
|
|
|
|
|
|
Time: |
|
|
|
|
|
|
|
[Tentative]
Order RE: (1)
petition
for approval of compromise of claim for minor claimant brenda melendez (2)
petition
for approval of compromise of claim for minor claimant christian melendez (3)
petition
for approval of compromise of claim for minor claimant evelyn melendez |
||
MOVING PARTY: Plaintiff Sofia Cruz
RESPONDING PARTY: Unopposed
(1)
Petition
for Approval of Compromise of Claim for Minor Claimant Brenda Melendez
(2)
Petition
for Approval of Compromise of Claim for Minor Claimant Christian Melendez
(3)
Petition
for Approval of Compromise of Claim for Minor Claimant Evelyn Melendez
The court
considered the moving papers filed in connection with each petition. No opposition papers were filed.
DISCUSSION
Plaintiff and petitioner Sofia Cruz (“Petitioner”) seeks court
approval of the settlements made on behalf of minor claimants Brenda Melendez,
Christian Melendez, and Evelyn Melendez.
Defendant Uranus LLC has agreed to pay a total of $225,000 to settle
this action, of which $2,500.01 will be separately allocated to each minor
claimant. (Pets., MC-350, ¶¶ 10-11;
Pets., MC-350, Attachment 11.) Of the
$2,500.01 allocated to the minor claimants, $559.11 will be paid to counsel for
attorney’s fees and 263.56 will be paid for legal costs. (Pets., MC-350, ¶¶ 13, 16.) The remaining $1,677.34 will be deposited in
separate accounts for minor claimants Brenda Melendez, Christian Melendez, and
Evelyn Melendez, subject to withdrawal only on authorization of the court. (Pets., MC-350, ¶¶ 16, 18, subd.
(b)(2).)
The
compromise of a minor’s disputed claim for damages is valid only after it has
been approved, upon the filing of a petition, by the court.¿ (Prob. Code, §
3500.)¿ The petition must be verified by the petitioner, must contain a full
disclosure of all information that has any bearing upon the reasonableness of
the compromise, and must be prepared on Judicial Council form MC-350.¿ (Cal.
Rules of Court, rule 7.950.)¿
The court
has reviewed the petitions and finds the settlements to be fair and reasonable,
and in the best interests of minor claimants Brenda Melendez,
Christian Melendez, and Evelyn Melendez.
The court finds that the declarations attached to the Petitions and the
supplemental declarations of Christofer Chapman filed on January 17, 2024, are
sufficient to support the $559.11 (representing approximately 25 percent of the
$2,500.01 settlements) requests for attorney’s fees.
The court therefore grants plaintiff and petitioner Sofia Cruz’s (1)
petition to approve the compromise of claim on behalf of minor claimant Brenda
Melendez; (2) petition to approve the compromise of claim on behalf of minor
claimant Christian Melendez; and (3) petition to approve the compromise of
claim on behalf of minor claimant Evelyn Melendez.
The court sets an Order to Show Cause re: filing Receipt and
Acknowledgement of Order for the Deposit of Money into Blocked Account for
hearing on April 23, 2024, at 8:30 a.m., in Department 53.
The court orders plaintiff and petitioner Sofia Cruz to give notice of
this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court