Judge: Ronald F. Frank, Case: 23TRCV01548, Date: 2024-12-30 Tentative Ruling
Case Number: 23TRCV01548 Hearing Date: December 30, 2024 Dept: 8
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HEARING DATE: December 30, 2024
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CASE NUMBER: 23TRCV01548
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CASE NAME: Aiden Strong-Brown, a
minor, by and through his Guardian Ad Litem, Latasha Strong v. Academy for
Early Learning, et al.
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MOVING PARTY: Plaintiff, Aiden Strong-Brown, a minor, by and through his
Guardian Ad Litem, Latasha Strong
RESPONDING PARTY: Defendant, Academy of Early Learning (No Opposition)
TRIAL DATE:
Not Set.
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MOTION:¿ (1)
Plaintiff’s Petition for Minor’s Compromise for Aiden Strong-Brown
Tentative Rulings: (1) GRANTED.
I. BACKGROUND¿
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A.
Factual¿
On May 16, 2023, Plaintiff, Aiden
Strong-Brown, a minor, by and through his Guardian Ad litem, Latasha Strong
(“Plaintiff”) filed a complaint against Defendants, Academy for Early Learning,
Sam’s Real Estate Business Tryst, and DOES 1 through 50. The complaint alleges
one cause of action for: (1) General Negligence.
On September 19, 2024, Plaintiffs filed
three Petitions for Minor’s Compromise for Anthony Maldonado, Adriana
Maldonado, and Allison Maldonado (collectively, “Minor Plaintiffs”).
B. Procedural
On November 20, 2024, Plaintiff filed a Petition for
Approval of Compromise of Claim or Action or Disposition of Proceeds of
Judgment for Minor or Person with a Disability. To date, no opposition has been
filed.
¿II. ANALYSIS ¿
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A. Legal Standard
Court approval is required for all settlements of a minor’s claim.
(Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) “‘[W]ithout trial court approval of the
proposed compromise of the ward’s claim, the settlement cannot be valid.
[Citation.] [¶] Nor is the settlement binding [on the minor] until it is
endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202
Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a
guardian or conservator of the estate or by a guardian ad litem appointed by
the court in which the action or proceeding is pending, or by a judge thereof,
in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the
petitioner may file a declaration demonstrating that he or she has a right to compromise
the minor’s claim under Cal. Probate Code section 3500. Pursuant to California Rules of Court (“CRC”)
Rule 7.950, a petition for court approval of a compromise of a pending action
for a minor “mut be verified by the petitioner and must contain a full
disclosure of all information that has any bearing upon the reasonableness of
the compromise, covenant, settlement, or disposition.”
Regarding the substance of the Petition, to obtain court approval
of the settlement of a minor’s claims, the petitioner must file a complete
and “verified petition for approval of the settlement and must disclose ‘all
information that has any bearing upon the reasonableness of the compromise.’
[Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217
Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)
B.
Discussion
Minor Plaintiff’s
guardian ad litem, Latasha Strong, has filed a Petitions for
Approval of Compromise of Claim or Action or Disposition of Proceeds of
Judgment for Minor or Person with a Disability. The Petition indicates that
Minor Plaintiff’s claims are the subject of a pending action or proceeding that
will be compromised or settled without a trial.
The Petition assert that the Minor Plaintiff
has not recovered completely from the effects of the injuries described in item
6, and that his PTSD for which he has not recovered completely, is temporary.
It also notes that the Petitioner has made a careful and diligent and
investigation into the facts and circumstances of the incident or accident in
which the claimant was injured; the responsibility for the incident or
accident; and the nature, extent, and seriousness of the claimant’s injuries.
Petition notes that they understand that if the compromise proposed in this
petition is approved by this Court and consummated, the claimant will never be
able to recover any more compensation from the settling defendants even if the
claimant’s injuries turn out to be more serious than they now appear.
Further, the Petition notes that Defendant,
Academy for Early Learning agreed to the settlement of a lump sum payment of
$15,000. This Petition notes that the claimant’s medical expenses – including
medical expenses paid by petitioner, Medicare, Medi-Cal, and private insurers –
to be paid or reimbursed from proceeds of the settlement of judgment include:
(1) Total medical expenses before any reductions: $445.79; (2) Total medical
expenses paid: $445.79; (3) Total of negotiated, contractual, or statutory reductions,
if any: $111.44; and (5) Total amount of statutory or contractual liens, if
any: $334.35.
The Petition also accounts for claimant’s
attorney’s fees and all other expenses (except for medical expenses), including
expenses advanced by claimant’s attorney or paid or incurred by petitioner, to
be reimbursed from proceeds of settlement of judgment. The total amount of
attorney’s fees for which court approval is requested amounts to $3,750, and
Petitioner confirms that Petitioner has paid none of the fees or expenses. The
summary of expenses includes: (1) Gross amount of settlement proceeds: $15,000;
(2) medical expenses to be paid from proceeds of the settlement: $334.35; (3)
attorney’s fees to be paid from proceeds of settlement or judgment: $3,750; (4)
expenses (other than medical) to be paid from proceeds of settlement or
judgment: N/A; (5) total fees and expenses to be paid from proceeds of
settlement or judgment: $1,233.30; and (6) balance of proceeds of settlement or
judgment available for claimant after payment of all fees and expenses:
$9,682.35.
Lastly, the Petition confirms that there is
no guardianship or conservatorship of the estate of the claimant, and that
Petitioner requests that the court order the disposition of the balance of the
proceeds of the settlement or judgment as follows: $9,682.35 be deposited in
insured accounts in one or more financial institutions in this state, subject
to withdrawal only on authorization of the court. The Petition asserts that the
name, branch, and address of each depository are specified in attachment 18b(2)
which states: Wels Fargo – 400 S. Market St., Inglewood, CA 90301.
The Court GRANTS this motion as all information provided in the moving papers tends to bear upon
the reasonableness of the compromise.
III.
CONCLUSION
¿ For the
foregoing reasons, all three of Plaintiff’s Petition for Minor’s Compromise is
GRANTED.
Moving party is ordered to provide notice.