Judge: Stephen P. Pfahler, Case: 20STCV33560, Date: 2022-07-26 Tentative Ruling

Case Number: 20STCV33560    Hearing Date: July 26, 2022    Dept: F49

Dept. F-49

Date: 7-26-22                                                           

Case #20STCV33560

TRIAL DATE: 1-30-23 c/f 4-18-22

MINORS COMPROMISE

MOVING PARTY: Defendant/Cross-Defendant, The Little Red Dog, Inc.

RESPONDING PARTY: Unopposed/Defendant/Cross-Complainant, Sunny Day Acres, Inc.

RELIEF REQUESTED

Motion for Leave to Intervene

SUMMARY OF ACTION

On November 25, 2018, Plaintiff Aeslin Cameron, a minor, was riding a horse with Plaintiff Leni Harris, when a dog attacked the horse. Both plaintiffs subsequently fell from the horse and suffered injuries. Plaintiffs name multiple defendants, The Little Red Dog, Inc., Sunny Day Acres, Inc., Jennifer Gray dba Sunnary  Day Acres, Pamela Jean Rosch, PJ Rosch, and Steve McClain, without clear articulation of the various parties role in the incident.

On September 2, 2020, Plaintiffs filed their complaint for strict liability (Civil Code section 3342), negligence, and property damage. On October 15, 2020, Sunny Day Acres, Inc. and Jennifer Gray answered the complaint, and filed a cross complaint against The Little Red Dog, Inc., Pamela Jean Rosch, PJ Rosch, and Steve McClain, for equitable indemnity and contribution, implied indemnity, declaratory relief, and breach of contract/demand for indemnity.

On December 17, 2020, the case was reassigned from Department 32 to Department 49.

On April 7, 2021, The Little Red Dog, Inc., Pamela Jean (PJ) Rosch, and Steve McClain answered the cross-complaint. On April 8, 2021, Plaintiff filed their first amended complaint for strict liability (Civil Code section 3342), negligence, and property damage.

On April 16, 2021, Plaintiffs dismissed Pamela Jean Rosch, PJ Rosch, and Steve McClain.

On May 12, 2021, the court entered the stipulation for leave to file the second amended complaint for strict liability (Civil Code section 3342), negligence, and property damage. Defendants The Little Red Dog, Inc. and Sunny Day Acres, Inc. answered on June 7, 2021, and July 7, 2021, respectively.

On January 11, 2022, the court granted the motion of United Specialty Insurance Company for leave to intervene on the action, and file a complaint in intervention on behalf of Defendants, Sunny Day Acres, Inc. and Jennifer Gray dba Sunny Day Acres, Inc.

On May 18, 2022, Leni Harris filed a request for dismissal with prejudice.

RULING: Continued.

Plaintiff Aeslin Cameron settled with defendants The Little Red Dog, Inc., and Sunny Day Acres, Inc. for a total amount of $125,000 divided as follows—The Little Red Dog, Inc., $75,000; $50,000, Sunny Day Acres, Inc. Plaintiff Leni Harris received a separate payment of $35,000 from unspecified parties.

Counsel will receive costs and fees totaling $55,000, as deducted: medical liens of $17,845.53 (reduced from $27,023.74), $31,250 in attorney fees (25%), and $5,904.47 in for records, service of process, transcripts, mediation, and document delivery. A net balance of $70,000 will be deposited with Wells Fargo Bank

The court finds the fees and costs reasonable. (Code Civ. Proc., § 372, subd. (a)(1); Cal. Rules of Court, rule 7.950.)

No guardian or conservatorship exists. The bond requirement is therefore not addressed. (Cal. Rules of Court, rule 7.207.)

The petition itself however lacks any proof of service. (Code Civ. Proc., § 1005, subd. (b).)

Given the deposit of the $70,000 balance, the court also requires address of the requirements for deposit into an insured institution, including terms for withdrawal, a block account, trust, or other options. (Probate Code §§ 3610, 3611.)

The court therefore continues the hearing to September 1, 2022. Plaintiff is ordered to serve the petition and notice of the new hearing. Plaintiff may also present and serve supplemental briefing of no more than five (5) pages regarding the deposit of the funds on behalf of the minor no less than 16 court days from the new hearing date—August 10, 2022. Plaintiff may submit an Order to Deposit into Blocked Account as well, if applicable.

Plaintiff to give notice.