Judge: Teresa A. Beaudet, Case: 22STCV00847, Date: 2022-08-15 Tentative Ruling
Case Number: 22STCV00847 Hearing Date: August 15, 2022 Dept: 50
YVETTE ROBINSON, et
al., Plaintiffs, vs. FIGJAM, L.P., et
al., Defendants. |
Case No.: |
22STCV00847 |
Hearing Date: |
August 15, 2022 |
|
Hearing Time: |
10:00 a.m. |
|
[TENTATIVE] ORDER
RE: (2) PETITIONS FOR EXPEDITED APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR
DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR |
Background
On January 10, 2022, Plaintiffs Yvette Robinson,
individually and as Guardian Ad Litem for Minor Errion Falconer and Minor
Torrion Falconer (collectively, “Plaintiffs”) filed the instant action against Defendant Figjam, L.P.
The parties
have reached a settlement in this matter, and Yvette Robinson as Petitioner for
Claimants Errion
Falconer and Torrion Falconer (collectively, “Claimants”) now
petitions for the Court’s approval of the settlement on behalf of Claimants.
Discussion
An
enforceable settlement of a minor’s claim can only be consummated with court approval.
(Prob. Code, § 3500.) The petition must be
verified by the petitioner, and must contain a full disclosure of all
information that has any bearing upon the reasonableness of the compromise.
(CRC 7.950.) “If all the circumstances
specified in paragraphs (1) through (9) of [Cal. Rules
of Court, rule 7.950.5] exist, a
petitioner for court approval of a compromise of, or a covenant not
to sue or enforce judgment on, a minor’s disputed claim; a compromise or settlement
of a pending action or proceeding to which a minor…is a party; or the disposition of the proceeds of a judgment for a
minor…under Probate Code sections 3500
and 3600-3613 or Code of Civil Procedure section 372 may satisfy the disclosure requirements of rule
7.950 by submitting the petition on a completed Petition for Expedited Approval of Compromise of
Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With
a Disability (form MC-350EX).” (Cal. Rules of Court, rule 7.950, subd.
(a).)
Here, the petitions are prepared on form MC-350EX and are verified by Petitioner.
However, the Court notes that item 10 of the
petitions is not checked. If Petitioner can file amended Petitions with box 10 completed with courtesy
copies emailed to Dept. 50 prior to the hearing (coordination with the Judicial
Assistant or Courtroom Attendant required), and if Defendant appears at the
hearing (remote appearance is permitted) and does not oppose the change, the
Court will sign the proposed Orders. Otherwise, the hearing will be continued
to a date to be set by the Court at the hearing.
Petitioner is to give notice of this ruling.
DATED: August 15, 2022 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court