Judge: Salvatore Sirna, Case: 24PSCV01206, Date: 2025-03-19 Tentative Ruling

Case Number: 24PSCV01206    Hearing Date: March 19, 2025    Dept: G

Petitioner Jakarin Nimdeelert’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Plaintiff J.N., A Person with a Disability

Respondent: NO OPPOSITION

TENTATIVE RULING

Petitioner Jakarin Nimdeelert’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Plaintiff J.N., A Person with a Disability, is tentatively GRANTED.

BACKGROUND

This is a personal injury action. On April 15, 2024, Plaintiff J.N., through guardian ad litem Jakarin Nimdeelert, filed a complaint against Defendant Hacienda La Puente School District (HLPSD) and Does 1-20, alleging causes of action for (1) negligence; (2) negligent hiring, training, supervision, and retention; (3) negligent supervision; and (4) unsafe condition.

On September 19, 2024, J.N. filed a notice of settlement.

On March 10, 2025, Nimdeelert filed the present petition on J.N.’s behalf. A hearing on the present petition and OSC Re: Dismissal are set for March 19, 2025.

ANALYSIS

Nimdeelert petitions for the court’s approval of a $45,000.00 settlement reached between J.N. and HLPSD. For the following reasons, the court tentatively 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, HLPSD agrees to pay a total of $45,000.00 to J.N. (Petition, ¶ 10.)

The Petition requests $1,005.31 in litigation costs and $15,959.30 in unpaid medical expenses. (Petition, ¶ 13, 14.) The Petition does not request the award of any attorney fees. Thus, J.N. will receive a total net amount of $28,035.39.

The Petition requests the funds be deposited in an account with the CalABLE program with payments being split between 2025 and 2026 due to the $18,000.00 annual deposit limit on such accounts. Upon review, the court finds the amount awarded to J.N. to be reasonable. The court will question Plaintiff’s counsel on the proposed monitoring of funds to be deposited in 2026.

Accordingly, the court tentatively GRANTS Nimdeelert’s petition.

CONCLUSION

Based upon the foregoing, Nimdeelert’s petition for approval of a disabled person’s compromise is tentatively GRANTED.