Judge Salvatore Sirna, Case Number: 23PSCV03171, Date: 2025-03-04 Tentative Ruling

Judge: Salvatore Sirna, Case: 23PSCV03171, Date: 2025-03-04 Tentative Ruling

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Case Number: 23PSCV03171 Hearing Date: March 4, 2025 Dept: G

Petitioner Lydia Keb’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Plaintiff Isaac Keb, a Minor

Respondent: NO OPPOSITION

TENTATIVE RULING

Petitioner Lydia Keb’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Plaintiff Isaac Keb, a Minor, is GRANTED.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. On October 12, 2023, Plaintiffs Lydia Keb and Isaac Keb, through guardian ad litem Lydia Keb, filed a complaint against Defendant Maria Yanez and Does 1-50, alleging causes of action for (1) motor vehicle negligence and (2) general negligence.

On August 30, 2024, the Kebs amended the Complaint to replace Doe 1 with Defendant Anthony Yanez.

On December 24, 2024, Lydia Keb filed the present petition on Isaac Keb’s behalf. On January 3, 2025, Lydia Keb refiled the present petition. A hearing on the petition is set for March 4, 2025, along with an OSC Re: Dismissal.

ANALYSIS

Lydia Keb petitions for the court’s approval of a $2,000.00 settlement reached between Isaac Keb and Maria Yanez. For the following reasons, the court GRANTS the petition.

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

Pursuant to the settlement agreement reached between the parties, Maria Yanez agrees to pay a total of $2,000.00 to Isaac Keb. (Petition, ¶ 10.)

With regards to attorney fees, a retainer agreement is attached to the declaration of counsel. In it, the attorney fees for Isaac Keb will be 40% of the gross recovery. (Petrosian Decl., Ex. A, ¶ 3.) Here, Isaac Keb’s counsel requests $500.00 in attorney fees which is 25% of Isaac Keb’s gross recovery. (Petrosian Decl., ¶ 8.) In a declaration, Isaac Keb’s counsel states counsel spent “considerable time reviewing medical records, preparing a demand package, proving liability, negotiating a settlement and negotiating medical reductions.” (Petrosian Decl., ¶ 8.) Based on the court’s own experience, the court finds this to be a reasonable award of attorney fees.

The Petition also requests $60.00 in litigation costs and $500.00 in unpaid medical expenses. (Petition, ¶ 13, 14.) Thus, Isaac Keb will receive a total net amount of $940.00. The Petition requests the funds be delivered to Isaac Keb’s parents without bond pursuant to Probate Code sections 3401 and 3402. (Petition, ¶ 19(b)(4).) Upon review, the court finds the amount awarded to Isaac Keb to be reasonable. The court also finds the disposition of funds to be proper as the funds do not exceed $5,000.00. (See Prob. Code, § 3401.) Accordingly, the court GRANTS Lydia Keb’s petition.

CONCLUSION

Based upon the foregoing, Lydia Keb’s petition for approval of a minor’s compromise is GRANTED.