Judge: Ronald F. Frank, Case: 23TRCV02012, Date: 2024-10-15 Tentative Ruling

Case Number: 23TRCV02012    Hearing Date: October 15, 2024    Dept: 8

Tentative Ruling 

HEARING DATE:                 October 15, 2024

CASE NUMBER:                  23TRCV02012

CASE NAME:                        Senia Mondragon, et al. v. Elbert Watts Jr., et al.  

MOVING PARTY:                Plaintiffs, Senia Mondragon, Adriana Maldonado, Allison Maldonado, and Anthony Maldonado

RESPONDING PARTY:       Defendant, Elbert Watts Jr. (No Opposition)

TRIAL DATE:                        Not Set.

MOTION:                              (1) Plaintiffs’ Petition for Minor’s Compromise for Anthony Maldonado

(2) Plaintiff’s Petition for Minor’s Compromise for Adriana Maldonado

(3) Plaintiff’s Petition for Minor’s Compromise for Allison Maldonado

Tentative Rulings:                  (1) Plaintiffs’ Petition for Minor’s Compromise for Anthony Maldonado is GRANTED.

(2) Plaintiff’s Petition for Minor’s Compromise for Adriana Maldonado is GRANTED.

(3) Plaintiff’s Petition for Minor’s Compromise for Allison Maldonado is GRANTED.

I. BACKGROUND

A.    Factual 

On June 21, 2024, Plaintiffs, Senia Mondragon, Adriana Maldonado, Allison Maldonado, and Anthony Maldonado (collectively “Plaintiffs”) filed a complaint against Elbert Watts Jr., and DOES 1 through 50. The complaint alleges one cause of action for: (1) Motor Vehicle Negligence. The complaint is based on the allegation that Defendant collided with Plaintiffs’ vehicle.

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 September 19, 2024 and September 20, 2024, Plaintiffs filed their 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  

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 Plaintiffs’ guardian ad litem, Senia Mondragon, has filed three Petitions for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability. The Petitions indicates that Minor Plaintiffs’ claims are the subject of a pending action or proceeding that will be compromised or settled without a trial. Plaintiffs have included a filing of the Notice of Settlement.

The Petitions assert that all three (3) Minor Plaintiffs have recovered completely from the effects of the injuries described in item 6, and there are no permanent injuries. It also notes that the Petitioners have 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.

The court notes that the three (3) petitions note different and separate amounts agreed to be paid by Defendant, Elbert Watts Jr.. The Petition for Anthony Maldonado, the total amount offered to be paid by Defendant Watts is $7,000 per paragraph 10. Under paragraph 12, the court notes that the claimant, Anthony Maldonado has medical expenses as follows: (1) $2,879.38 for total medical expenses before any reductions; (2) $105.38 in total medical expenses paid; (3) $1,400.34 in total of negotiated, contractual, or statutory reductions; (4) $1,479.04 in total medical expenses to be paid or reimbursed from the proceeds; and (5) $1,479.04 total amount of statutory or contractual liens. This first petition for Anothony Maldonado also indicates that $203.51 is to be paid to Randolph & Associates for case cost, but that the total amount of attorneys fees sought is $2,333.33. Thus, the net balance of proceeds for Anthony Maldonado is $2,984.12 to be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. Attachment 18b(6) indicates that Petitioner requests that the balance of the proceeds of Anthony Maldonado’s settlement in the amount of $2,084.12 be transferred to Petitioner, Senia Mondragon.

Next, with the petition for Adriana Maldonado, the total amount offered to be paid by Defendant per paragraph 10 is $1,000. There are no medical expenses claimed. The total attorney cost per paragraph 13 states that $153.29 is to be paid to Randolph & Associate, but that $333.33 is sought to be approved. Thus, the net balance of the proceeds for Adriana Maldonado is $513.38. Attachment 18b(6) indicates that Petitioner requests that the balance of the proceeds of Adriana Maldonado’s settlement in the amount of $513.38 be transferred to Petitioner, Senia Mondragon.

Lastly, with the petition for Allison Maldonado, the total amount offered to be paid by Defendant per paragraph 10 is $7,000. Under paragraph 12, the court notes that the claimant, supposedly Allison Maldonado has medical expenses as follows: (1) $2,444.42 for total medical expenses before any reductions; (2) $94.42 in total medical expenses paid; (3) $1,273.60 in total of negotiated, contractual, or statutory reductions; (4) $1,170.82 in total medical expenses to be paid or reimbursed from the proceeds; and (5) $1,170.82 total amount of statutory or contractual liens. The petition indicates that the total case cost is $203.76, but that the total amount of attorney’s fees for which court approval is requested is $2,333.33. Thus, the net balance of proceeds for the claimant is $3,292.09. Attachment 18b(6) indicates that Petitioner requests that the balance of the proceeds of Allison Maldonado’s settlement in the amount of $3,292.09 be transferred to Petitioner, Senia Mondragon.

III. CONCLUSION 

 For the foregoing reasons, all three of Plaintiffs’ Petitions for Minor’s Compromise are GRANTED.

Moving party is ordered to provide notice.