Judge: Robert B. Broadbelt, Case: 24STCV18771, Date: 2024-10-25 Tentative Ruling

Case Number: 24STCV18771    Hearing Date: October 25, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

rayshaun young, a minor by and through his Guardian ad Litem, Shakiesha Cleveland ;

 

Plaintiff,

 

 

vs.

 

 

alexis nolan , et al.;

 

Defendants.

Case No.:

24STCV18770

 

 

Hearing Date:

October 25, 2024

 

 

Time:

10:00 a.m.

 

 

 

[tentative] Order RE:

 

petition for approval of compromise of claim or action

 

 

MOVING PARTY:                 Petitioner Shakiesha Cleveland

 

RESPONDING PARTY:        Unopposed

Petition for Approval of Compromise of Claim or Action

The court considered the moving papers filed in connection with this petition.  No opposition papers were filed.  

DISCUSSION

Petitioner Shakiesha Cleveland (“Petitioner”) seeks court approval of the settlement made on behalf of plaintiff and minor claimant Rayshaun Young (“Minor Claimant”) in this action.[1]

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.)¿¿¿¿ 

Named defendant Alexis Nolan has agreed to pay a total of $15,000 to Minor Claimant to settle this action.  (MC-350, ¶¶ 10, 16.)  Of the $15,000 allocated to Minor Claimant, $3,736.75 will be paid to cover medical expenses, $3,750 will be paid to counsel for attorney’s fees, and $720.82 will be paid to counsel for costs.  (MC-350, ¶¶ 12, 13, 16; MC-350, Attachment 12b(5).)  The remaining $6,792.43 allocated to Minor Claimant will be deposited in an insured account, subject to withdrawal only on authorization of the court.  (MC-350, ¶ 18, subd. (b)(2).)

The court has reviewed the petition and finds the settlement to be fair and reasonable, and in the best interest of Minor Claimant.  The court further finds that the declaration of Bob Khakshooy is sufficient to support the request for attorney’s fees in the amount of $3,750, representing 25 percent of the $15,000 settlement.  (Khakshooy Decl., ¶¶ 5, 9-11, 13.)  The court therefore grants Petitioner’s petition.

ORDER

            The court grants petitioner Shakiesha Cleveland’s petition for approval of the compromise of claim for minor claimant Rayshaun Young.

            The court sets an Order to Show Cause re filing of Receipt and Acknowledgement of Order for the Deposit of Money into Blocked Account (form MC-356) for hearing on February 11, 2025, at 8:30 a.m., in Department 53.

            The court orders petitioner Shakiesha Cleveland to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  October 25, 2024

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court



[1] The court notes that Petitioner filed, on August 30, 2024, a Petition for Approval of Compromise of Claim on behalf of Minor Claimant.  While the terms appear to be the same, Petitioner has scheduled a hearing on that Petition for December 6, 2024.  (Aug. 30, 2024 MC-350, ¶¶ 10, 16.)