Judge: Steven A. Ellis, Case: 21STCV24705, Date: 2023-10-06 Tentative Ruling

Case Number: 21STCV24705    Hearing Date: October 20, 2023    Dept: 29

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

On October 6, 2023, the Court continued the hearing finding the following issues with the Petition: (1) no order appointing Guardian ad Litem is filed with the Court; (2) Petitioner did not provide any medical reports or other support for the injuries listed in 8(c); (3) Item 10 on the Petition was blank; (4) Item 11(b)(1) was blank; (5) Item 11(b)(5) was blank; (6) Item 13(b) was inconsistent with the calculation of costs in Attachment 13(b); (7) the amount in Items 15 and 16 were incorrect considering the miscalculations; (8) the proposed order and order to deposit funds in a blocked account listed the incorrect calculation.

On October 11, 2023, Petitioner submitted a new Petition. That new Petition addressed the defects previously identified by the Court.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor. Petitioner has corrected the issues in the previously-filed Petition. The Court finds that the settlement is reasonable, and based thereon, approves and GRANTS the petition.

The Court has considered the Declaration of Alicia S. Curran in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of 21.4% of the gross settlement is reasonable.

The Court approves the following distribution of the settlement proceeds: $23,901.97 deposit in an insured blocked account; and $375,000 to single-premium deferred annuity.

THE COURT SETS AN OSC RE PROOF OF DEPOSIT/PURCHASE OF ANNUITY ON ____________________ [120 days] IN DEPARTMENT SSC-29 AT 8:30 AM. No appearance required if receipt filed.

Moving party is ordered to give notice.