Judge: Serena R. Murillo, Case: 20STCV18812, Date: 2022-10-21 Tentative Ruling
Case Number: 20STCV18812 Hearing Date: October 21, 2022 Dept: 29
Mariabelen Basulto v. St. Francis Medical Center
Petition
to Approve Compromise of Disputed Claim of a Minor (Mariabelen Basulto, age 10)
TENTATIVE
The Court excuses the personal
appearance of the claimant and the guardian ad litem. Counsel may appear by
telephone or video conference call.
The Court has reviewed the Petition to Approve Compromise of
Disputed Claim of a Minor (Mariabelen Basulto, age 10). The Court finds the settlement and requested
attorney fees are reasonable, and based thereon approves and GRANTS the
petition. The SNT instrument meets legal requirements and is approved.
The court makes
the following findings pursuant to Probate Code section 3604(b)
1.
The
SNT beneficiary has a disability which substantially impairs the individual’s
ability to provide for her own care or custody and constitutes a substantial
handicap;
2.
The
SNT beneficiary is likely to have special needs that will not be met without
the trust;
3.
The
money to be paid to the trust does not exceed the amount that appears
reasonably necessary to meet the SNT beneficiary’s special needs.
TRUSTEE AND
BOND
The SNT
instrument indicates that Wells Fargo Bank, N.A. will be the SNT trustee.
Normally, bond must be required of a trustee unless the trustee is a corporate
fiduciary. (California Rules of Court, Rule 7.903(c)(5), Probate Code
section 2320.) Trustee meets that requirement and bond is not
required.
ADDITIONAL
REQUESTS
The additional requests for relief
are granted.
THE COURT SETS AN OSC RE FILING OF
BOND AND FILING IN PROBATE OF THE NOTICE OF COMMENCEMENT OF PROCEEDINGS FOR A
COURT SUPERVISED TRUST ON LASC FORM PRO 044 ON __________________ IN DEPARTMENT
SS-29 AT 8:30 AM.
THE COURT SETS AN
OSC RE PURCHASE OF ANNUITY ON ____________________ IN DEPARTMENT SS-29 AT 8:30
AM. No appearance required if receipt filed.
Moving party is ordered to give notice.