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
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24STCV18770 |
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Hearing
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October
25, 2024 |
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[tentative]
Order RE: petition for approval of compromise of claim
or action |
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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:
_____________________________
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.)