Judge Salvatore Sirna, Case Number: 22PSCV01485, Date: 2023-08-15 Tentative Ruling

Judge: Salvatore Sirna, Case: 22PSCV01485, Date: 2023-08-15 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV01485 Hearing Date: December 8, 2023 Dept: G

Petitioner Evelyn Aguilar’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or a Person with a Disability

Respondent: NO OPPOSITION

TENTATIVE RULING

Petitioner Evelyn Aguilar’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or a Person with a Disability is GRANTED.

BACKGROUND

This action arises from the sexual abuse of an elementary school student by a fellow student. In August 2022, Plaintiff John Roe was a minor student attending Kwis Elementary School in the Hacienda La Puente Unified School District (HLPUSD). During that month, Roe allegedly was twice subjected to sexual abuse in school restrooms by another minor student attending Kwis Elementary School.

On October 25, 2022, Roe filed a complaint against HLPUSD and Does 1-100, alleging a single cause of action for negligence.

On January 17, 2023, Roe filed a First Amended Complaint (FAC) against same defendants alleging the same cause of action.

On August 29, 2023, Roe filed a notice of settlement and submitted the present petition on October 11. A hearing on the petition is set for November 6, along with an OSC Re: Dismissal.

ANALYSIS

Roe petitions for the court’s approval of a $200,000 settlement reached between Roe and HLPUSD.

Legal Standard

An enforceable settlement of a minor’s or incompetent’s claim can only be consummated with court approval. (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372.) For this purpose, a petition for approval must be presented to the court and until it is granted, there is no final settlement. (Scruton v. Korean Air Lines Co. (1995) 39 Cal.App.4th 1596, 1603-1606.) Any settlement agreement therefore is voidable by the minor’s guardian ad litem. (Id., at p. 1606.)

Probate Code section 3600, et seq., governs how the settlement proceeds are to be paid. Pursuant to Probate Code section 3601, the order shall approve payment of reasonable expenses from the settlement as follows:

The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that such reasonable expenses (medical or otherwise and including reimbursement to a parent, guardian, or conservator), costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or incompetent person. (Prob. Code, § 3601, subd. (a).)

In cases pursuant to Probate Code section 3601, “unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney’s fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.” (Cal. Rules of Court 7.955, subd. (a)(1).) In doing so, “[t]he court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.” (Cal. Rules of Court 7.955, subd. (a)(2).

Discussion

The current matter involves the alleged sexual assault of minor plaintiff Roe which occurred while Roe was attending Kwis Elementary School.

Pursuant to the settlement agreement reached between the parties, HLPUSD will pay a total of $200,000 to Roe.

The contingency agreement is attached to the Petition as Attachment 17a. In it, the attorney fees for Roe will be 35% of the gross recovery. Counsel requests $69,861.70 in attorney fees which constitutes 34.93% of the gross recovery. (See Attach. 13a, Khedry Decl., ¶ 14.) Counsel also requests $17,984.23 in costs and expenses. As a result, Roe will receive a total net amount of $112,154.07 with $30,000 being deposited into an insured bank account and $82,154.07 being invested in a single-premium deferred annuity.

Based on the petition, the court finds the amount awarded to Roe is reasonable. The court also finds as reasonable counsel’s recovery of fees in the amount of $69,861.70, or 34.93% of the total recovery. Finally, the court finds the allocation of settlement funds into an insured bank account and a single-premium deferred annuity to be appropriate and proper.

Accordingly, the petition is GRANTED.

CONCLUSION

Based on the foregoing, the court GRANTS the petition to confirm minor’s compromise.

The court will inquire from Plaintiff’s counsel at the hearing as to the time requested to deposit settlement funds as outlined above, and intends to set a future hearing date for an OSC re: Proof of Deposit of Settlement Funds and Dismissal.