Judge: Stephen P. Pfahler, Case: 21STCV20229, Date: 2023-07-10 Tentative Ruling
Case Number: 21STCV20229 Hearing Date: December 5, 2023 Dept: F49
Dept. F-49
Hearing Date: 12-5-23
Case: #21STCV20229
Trial Date: 2-5-24
MINORS COMPROMISE
MOVING PARTY: Plaintiff, Asia Finn
RESPONDING PARTY: Unopposed
RELIEF REQUESTED
Minors Compromise
SUMMARY OF ACTION
On October 18, 2020, Plaintiff Eric Finn was driving a 2015 Nissan Sentra vehicle, with plaintiff Asia Finn, and Murdewiyanti and Talent James Finn on SR-14, when the vehicle began decelerating, even though the tachometer showed the engine continued to operate. Eric attempted to reach the shoulder, but was only able to bring the vehicle to the “number 5 lane” before the vehicle completely stopped. “Approximately 20-30 seconds” after coming to a stop, “a 13-ton flatbed tow truck” owned and/or operated by the “Tow Co.” defendants and driven by defendant Jose Bravo collided with the Finn vehicle. The collision led to the deaths of Murdewiyanti and Talent James.
Plaintiffs allege defendant Bravo was driving with a suspended license due to a prior driving under the influence charge. Plaintiff also alleges a prior incident with a driver for the subject “Tow Co.” defendants.
As to Defendant Nissan North America, Inc. (Nissan) Plaintiffs allege that the sudden deceleration was the result of a known defect within the transmission, which Nissan failed to correct. Plaintiff lists a number of vehicles and models allegedly utilizing the subject transmission, and reports of prior incidents reported to the National Highway Traffic Safety Administration (NHTSA).
On May 28, 2021, Plaintiffs filed a 238 paragraph complaint (plus exhibits) for Strict Product Liability: Design Defect and Failure to Warn, Negligence (twice), Breach of Implied Warranty, Negligence Per Se, Intentional Infliction of Emotional Distress, Wrongful Death, Survival Action, and Unfair Business Practices (Business and Professions Code section 17200). On August 18, 2021, Plaintiffs dismissed Nissan from the intentional infliction of emotional distress cause of action.
On September 28, 2021, Department 31 transferred the action to Department 49. On December 6, 2021, the court granted the motion to strike the complaint. On January 5, 2022, Plaintiffs filed their first amended complaint for Strict Product Liability: Design Defect and Failure to Warn, Negligence (twice), Breach of Implied Warranty, Negligence Per Se, Intentional Infliction of Emotional Distress, Wrongful Death, Survival Action, and Unfair Business Practices (Business and Professions Code section 17200). Nissan is the only named defendant in the first, second, third, and ninth causes of action, while the “Tow Co.” defendants are the only named defendants
in the fourth, fifth and sixth causes of action. All defendants are jointly named in the seventh, eighth, and ninth causes of action.
On July 10, 2023, the court granted defendants’ I-5 Towing and Recovery, LLC, MV Towing, Inc., California Towing, Inc., Rancho Cucamonga Towing, Inc., Ahmad Koudeimati, Kamal Ghosein, Jose Bravo, Automobile Club of Southern California, and Castaic Towing, Inc. motion for a determination of good faith settlement with plaintiffs Eric Finn, et al.
RULING: Granted.
Plaintiff Eric Finn submitted a petition for approval for minors compromises on behalf of Asia Finn (14) for a redacted settlement amount entered into with Nissan North America. The amounts were redacted pending a motion to seal the settlement amount set for hearing on February 15, 2024. On November 21, 2023, the court entered the stipulation of the parties to seal the settlement amount. As of the date of the tentative ruling publication cutoff, the court was unable to verify submission of the sealed records, and review the unredacted settlement amounts.
The court is in receipt of the sealed documents and therefore considers the petition. Plaintiff Eric Finn submitted a petition for approval for minors compromises on behalf of Asia Finn (14) reflecting the settlement entered into with Nissan North America.
The settlement is divided with Eric Finn assigned 60% of the proceeds, and Asian Finn, 40%. Consistent with the settlement of the tow truck defendants, “expenses” to three different law firms are prorated. The petition includes payment of remaining medical expenses. Attorney fees equaling 40% of the recovery for the Dordick firm are also listed. The remaining balance will be paid via an annuity with Prudential Assigned Settlement Services Corporation and New York Life Insurance Company and Annuity Corporation in coordination with New York Life Insurance Company paid pursuant to a set schedule from 2026 (age 18 of Asia Finn) through 2058 (age 50).
The court approves the petition. The court sets an OSC re: Verification of the Deposit of Net Proceeds into the Annuity for February 5, 2024.
Moving party to give notice.