Judge: Stephen P. Pfahler, Case: BC720891, Date: 2023-08-16 Tentative Ruling

Case Number: BC720891    Hearing Date: August 16, 2023    Dept: F49

Dept. F-49

Hearing Date: 8-16-23

Case: #BC720891

Trial Date: N/A

MINORS COMPROMISE

MOVING PARTY: Plaintiff, Rocio Diaz Sabbah

RESPONDING PARTY: Unopposed

RELIEF REQUESTED

Minors Compromises

SUMMARY OF ACTION

On September 15, 2017, Isaac Sabbah was involved in a multi-vehicle accident on the Interstate 5 freeway, thereby leading to his death.

On September 5, 2018, Decedent’s surviving spouse and children filed a complaint for negligence – wrongful death. On April 19, 2019, Defendant Los Angeles County Sheriff (County of Los Angeles) answered and filed a cross-complaint for equitable indemnity, declaratory relief, and apportionment against Defendants Dean Springs, Alicia Elias and Mario Elias.

On March 23, 2020, the action was transferred from Department 31 to Department 47. Plaintiff filed a preemptory challenge on April 6, 2020, and the case was assigned to Department 49.

On December 2, 2020, County of Los Angeles dismissed Alicia Alice from the cross-complaint. On December 3, 2020, County of Los Angeles substituted in California Department of Transportation (Caltrans) into the cross-complaint for Roe 1. On January 21, 2021, State of California by and through the Department of Transportation answered the cross-complaint and filed a cross-complaint against the County of Los Angeles for Apportionment of Fault, and Declaratory Relief.

On February 1, 2022, County of Los Angeles dismissed its cross-complaint. On February 8, 2022, the Department of Transportation/State of California dismissed its cross-complaint.

On June 28, 2023, Plaintiffs dismissed Alica and Mario Elias.

RULING: Granted.

Plaintiff Rocio Diaz Sabbah submitted two petitions for approval for minors compromises on behalf of Ariella Sabbah (9) and Elijah Sabbah (7). The total settlement is listed as $656,250, split as follows--$437,500 to Rocio Sabbah, $218,750 to Ariella Sabbah, and $218,750 to Elijah Sabbbah. The payouts appear exceed the total represented settlement by $218,750.

Notwithstanding, Petitioner presents net payments to the minor claimants of $143,984.99 to Ariellah, and $144,405.03 to Elijah following deduction of $54,687.50 in attorney fees per  minor parties’ individual portions (25%) and expenses of $20,077.51 ($19,657.71 + $420) from Ariella, and $19,657.47 from Elijah. The net total correctly total. The court finds the fees and costs reasonable. (See Attachment 13B).

The remaining balances will be placed into an annuity with an unspecified institution with withdrawal permitted at age 21. (See Attachment 18B3.)

The petitions are granted subject to an OSC re: Verification of the Deposit of Net Proceeds into the Annuities. The court will set a hearing date within the next 45-60 days.

Moving party to give notice.