Judge: Teresa A. Beaudet, Case: 22STCV00847, Date: 2022-08-15 Tentative Ruling

Case Number: 22STCV00847    Hearing Date: August 15, 2022    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 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