Judge: Serena R. Murillo, Case: 22STCV27776, Date: 2023-02-09 Tentative Ruling

Case Number: 22STCV27776    Hearing Date: February 9, 2023    Dept: 29

Case Number: 22STCV27776

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Expedited Petition to Approve Compromise of Pending Action of Minors: Samantha Favela, Age 14, Jacob Favela, Age 4, Christopher Favela, Age 10, and Ximena Garcia, Age 14

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Analysis:  Petitioner Castro-Montoya was driving her vehicle with her children who were injured when Defendant Adrian Moreno, a minor, drove his vehicle into the rear of Plaintiffs' vehicle. Plaintiffs' vehicle was pushed forward into another vehicle. Defendant Moreno was not properly licensed and was looking at his phone while driving at the time of the collision. Defendant David Lara allowed Defendant Moreno to operate his vehicle when Lara knew that Defendant Moreno was not a licensed driver and only had a learner's permit.

This is an expedited petition without a hearing, which is permitted under Cal Rules of Court, Rule 7.950.5, so long as Petitioner uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are:  

¿ Petitioner is represented by an attorney.¿¿ 

¿ The claim is not for wrongful death.¿ 

¿ Settlement proceeds will not be placed in a trust.¿ 

¿¿There are no unresolved liens to be satisfied from the proceeds of the settlement.¿ 

¿¿Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier¿ 

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition¿ 

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith¿ 

¿ The settlement, exclusive of interests and costs, is $50,000 or less¿¿ 

¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all¿ 

proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.¿ 

¿¿AND the court does not otherwise order.¿ 

Settlement:   

¿ Order approving Guardian ad Litem is signed. 

Injuries:   Samantha had complaints of headaches, neck pain, mid back pain, and lower back pain. Jacob had complaints of neck stiffness and pain, low back stiffness and pain. Christopher complained of neck pain, mid back pain, and low back pain. Ximena Garcia complained of neck pain, mid back pain, low back pain, right arm pain, and bilateral leg pain.

¿ Medical report submitted. 

MEDICAL EXPENSES  

For Samantha

For Jacob

For Christopher

 For Ximena

n/a Medi-Cal lien submitted  

COSTS  

For Samantha

 For Jacob

For Christopher

For Ximena

ATTORNEY’S FEES 

¿ Attorney declaration is submitted. 

Counsel submits a Declaration in support of a fee of 25% of the gross settlement. Counsel obtained medical records, drafted the complaint, responded to discovery, and negotiated settlement.  

“A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” Cal Rules of Court, Rule 7.955(c). 

DISTRIBUTION:  

For Samantha

For Jacob

For Christopher

For Ximena

Distribution to parent is permitted under LASC Rule 4.115(b) pursuant to Probate Code § 3611, but only if funds do not exceed $5,000. 

¿ Proposed orders submitted.  

TENTATIVE 

The Court has reviewed the Expedited Petitions to Approve Minor’s Compromise, Jacob Favela, Age 4, and Ximena Garcia, Age 14, without a hearing pursuant to Cal Rules of Court 7.950.5. The court finds that the settlement are reasonable, and based thereon, approves and GRANTS the petitions for Jacob Favela, and Ximena Garcia. 

The Court has reviewed the Expedited Petitions to Approve Minor’s Compromise, Samantha Favela, Age 14, and Christopher Favela, Age 10. The Court declines to approve the Petitions as requested. Pursuant to Cal Rules of Court 7.950.5(c)(3), the Court elects to schedule a hearing date to permit counsel to correct the following defects in the petitions:

(1)  The net settlement amount for Samantha is $1,258.16, and not $1,255.16 as listed all throughout the petition and proposed order.

(2)  Christopher’s medical records are not attached to the petition pertaining to him. Instead, Jacob’s medical records are attached to this petition.

THE COURT SETS AN OSC RE PROOF OF DEPOSIT RECEIPT (as to Ximena Garcia) for __________________[DATE]  at 8:30 a.m. in Department SS-29. No appearance is required if the deposit receipt is filed prior to the hearing. 

Moving party is ordered to give notice.