Judge: Stephen Morgan, Case: MC028000, Date: 2023-08-15 Tentative Ruling

Case Number: MC028000    Hearing Date: August 15, 2023    Dept: A14

Court approval is required for all settlements of a minor’s claim or that of a person lacking the capacity to make decisions.  (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.) “[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests . . . .  [I]ts primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.”  (Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.) 

The Court has reviewed the petitions at issue, brought by Felisha Gutierrez (“Gutierrez”), Guardian ad Litem for minor Successors-in-Interest Anthony Alegria, Izek Alegria, and Jade Alegria (collectively “Minor Claimants”). The petitions cannot be approved. Specifically, the Court finds:

·         While it is presented that Gutierrez represents Minor Claimants, and that the settlement will be split between Minor Claimants, only the petitions for Anthony Alegria and Izek Alegria have been filed. There has been no representation as to why Jade Alegria does not have her own petition.

·         The petitions are incorrectly filled out. It appears that the petitions seek to divide the medical expenses, attorney’s fees, other non-medical expenses, and the profits equally among Minor Claimants. However, as written, the petitions state that both Anthony Alegria and Izek Alegria will be receiving a total of $948,400.43 (see Nos. 10 in each petition) and, despite this representation, the petition further states that each Minor Claimant will receive $20,000.00. Of note, this section does not take into costs. The amount listed should be the amount each Minor Claimant receives prior to the reduction of costs. Each Minor Claimant is also listed as “other plaintiffs or claimants” despite one of them being on each petition, respectively.

·         Mark Leonardo (“Leonardo”) who assisted in preparing these petitions, seeks $216,235.19 in other non-medical expenses. On the petitions, items are divided into (1) costs advanced on client’s behalf, and (2) Loan advanced on client’s behalf. No attachment is provided for this section; however, attachment 13(a) includes an exhibit which lays out the costs. The Court has looked at it thoroughly and reminds counsel that costs are governed by Cal. Code Civ. Proc. § 1033.5 and those costs he is seeking to recover should adhere to statute.

·         An annuity for the amount of $20,000.00 is not in the best interest of each Minor Claimant. As is, the petitions state that $20,000.00 out of the total $60,000 to each Minor Claimant (after costs) will be used to purchase an annuity. It appears that Gutierrez seeks to place all proceeds into only one account. That is, all money will be combined and not divided between Minor Claimants despite the presentation that each Minor Claimant will be receiving $20,000.00 after costs.

·         The orders are incorrectly filed. Specifically, it appears that Leonardo is using each order to reflect the full amount of settlement, costs, and that $60,000 will be distributed equally among three successors instead of a petition for each Minor Claimant.

Accordingly, the Petitions for Anthony Alegria and Izek Alegria are DENIED without prejudice.

New petitions are to be filed within 30 days.