Judge: Robert B. Broadbelt, Case: BC655107, Date: 2022-09-09 Tentative Ruling

Case Number: BC655107    Hearing Date: September 9, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff and Petitioner Charles Johnson, IV

RESPONDING PARTY:        Unopposed

(1)   Amended Petition to Approve Compromise of Pending Action on Behalf of Minor Charles Johnson, V

MOVING PARTY:                Plaintiff and Petitioner Charles Johnson, IV

RESPONDING PARTY:        Unopposed

(2)   Amended Petition to Approve Compromise of Pending Action on Behalf of Minor Langston Johnson

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

BACKGROUND

Plaintiffs Charles Johnson, IV, Charles Johnson, V, by and through his Guardian ad Litem Charles Johnson, IV, and Langston Johnson, by and through his Guardian ad Litem Charles Johnson, IV, filed this wrongful death action against defendants Cedars-Sinai Medical Center, Arjang Naim, M.D., Kathryn Sharma, M.D., Sara Churchill, M.D., Stuart Martin, M.D., and Benham Kashanchi, M.D. on March 22, 2017.

Plaintiff and petitioner Charles Johnson, IV, seeks court approval of the confidential settlement with defendant Cedars-Sinai Medical Center on behalf of claimant Charles Johnson, V, who is a minor.  Of the confidential settlement amount allocated to minor claimant Charles Johnson, V, approximately 25 percent of the pro-rated share of total case costs will be paid to counsel for legal costs incurred, and the remaining balance will be invested in a single-premium deferred annuity.  (Public Pet., MC-350, ¶¶ 13, 18, subd. (b)(3).)  No attorney’s fees will be paid from the settlement.

Plaintiff and petitioner Charles Johnson, IV, seeks court approval of the confidential settlement with defendant Cedars-Sinai Medical Center on behalf of claimant Langston Johnson, who is a minor.  Of the confidential settlement amount allocated to minor claimant Langston Johnson, approximately 25 percent of the pro-rated share of total case costs will be paid to counsel for legal costs incurred, and the remaining balance will be invested in a single-premium deferred annuity.  (Public Pet., MC-350, ¶¶ 13, subd. (b), 18, subd. (b)(3).)  No attorney’s fees will be paid from the settlement.

Legal Standard

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.)

Discussion

The court has reviewed the amended petitions filed under seal with the court and finds the settlements to be fair and reasonable, and in the best interest of minor claimants Charles Johnson, V and Langston Johnson.

The court grants plaintiff and petitioner Charles Johnson, IV’s petitions to approve the settlement of minor claimants Charles Johnson, V and Langston Johnson.

The court orders that the Orders Approving Compromise of Claim or Action, etc. (MC-351) for minor claimants Charles Johnson, V and Langston Johnson, filed September 9, 2022, shall be filed under seal pursuant to the court’s September 8, 2022 order. 

The court continues the Order to Show Cause re dismissal (settlement) to ___________, 2022, at 11:00 a.m., in Department 53.

The court sets an Order to Show Cause re proof of purchase of annuity on ___________, 2022, at 11:00 a.m., in Department 53.

The court orders plaintiff and petitioner Charles Johnson, IV, to give notice of this order.  

IT IS SO ORDERED. 

DATED:  September 9, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court