Judge: Theresa M. Traber, Case: 24STCV13289, Date: 2025-03-21 Tentative Ruling

Case Number: 24STCV13289    Hearing Date: March 21, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 21, 2025                      TRIAL DATE: NOT SET

CASE:                         Eli Grande, by and through their Guardian ad Litem Ana Grande, et al. v. Darwin Reginald Butler III, et al.

CASE NO.:                 24STCV13289           

PETITION FOR APPROVAL OF COMPROMISE OF MINOR’S CLAIMS

MOVING PARTY:               Albert Grande, by and through their Guardian ad Litem Ana Grande

RESPONDING PARTY(S): No response on eCourt as of March 19, 2025

CASE HISTORY:

·         05/08/24: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a wrongful death action stemming from a motor vehicle accident.

            Albert Grande, by and through their Guardian ad Litem Ana Grande, petitions for approval of a compromise of his claim.

TENTATIVE RULING:

The Petition for Compromise of Albert Grande’s Claim is CONTINUED to Friday, April 25, 2025 at 9:00 AM. Petitioner is directed to serve these papers, including a proposed order on Form MC-351, on all parties and file proof of service with the Court.

DISCUSSION:

Albert Grande (age 17), by and through their Guardian ad Litem Ana Grande, petitions for approval of a compromise of their claim.

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Legal Standard

Court approval is required for all settlements of a minor’s claim or that of a person lacking the capacity to make decisions.  (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.)  “[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests . . . .  [I]ts primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.”  (Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.)   

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court Rules 7.950, 7.951, and 7.952.  The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant.  (Cal. Rules of Court, rule 7.950.)  The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance.  (Cal. Rules of Court, rule 7.952(a).)  An order for deposit of funds of a minor or person lacking decision-making capacity and a petition for the withdrawal of such funds must comply with California Rules of Court Rules 7.953 and 7.954.  (Cal. Rules of Court, rule 3.1384; see also Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.) 

Missing Proof of Service

            The Petition does not include a proof of service establishing that it has been served on all parties to this action. For this reason alone, the Court cannot approve the settlement without supplementation of the record.

Form MC-350 (Rev. January 1, 2021):

The petition has been verified by Petitioners and presented on a fully completed mandatory Judicial Council Form MC-350, using the current January 1, 2021 revision. (Cal. Rule of Court Rule 7.950.)

Settlement:

Plaintiffs are siblings and minor children whose parents were killed in the motor vehicle accident giving rise to this action. (Attach 17a ¶¶ 3-5.) Pursuant to the settlement with Defendants Butler, each Plaintiff will receive $15,000 in settlement of the action. (Id. ¶ 6.)

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Attorney’s Fees

The retained attorney’s information has been disclosed as required by Rule of Court 7.951. (Petition ¶ 17b.)  There is not an agreement for services provided in connection with the underlying claim. (Petition ¶ 17a(2).) 

Petitioner’s counsel is seeking to recover only costs incurred by former counsel Donald Cook in the amount of $2,013.06. (See Petition ¶ 16e.) Current counsel is explicitly waiving any claim for attorney’s fees. ( ¶ 16d; see also Attach. 17 ¶ 17.)

Medical Bills:

            The minor claimant has incurred no medical expenses. (Petition ¶ 12.)

Costs

            The petition requests an award of $2,013.06 in costs incurred by prior counsel Donald Cook. (Petition ¶ 16.)

Amount to Be Paid to Minor:

The net amount to be paid to the minor claimant is $12,986.94. (Petition ¶ 15.)

Court Appearance:

            California Rule of Court 7.952 requires attendance by the petitioner and claimant unless the court for good cause dispenses with their personal appearance. The Court finds that the appearance of the claimant Albert Grande is not required due to his age.

Prognosis:

            The minor has completely recovered from his injuries. (Petition ¶ 8.)

Disposition of Balance of Proceeds:

            The petition requests that the balance of the proceeds be deposited in an insured account, subject to withdrawal only on authorization of the Court. (Petition ¶ 18b.) The petition includes the account into which the funds are to be deposited. (Attach. 18b(5).)

Proposed Order MC-351:

            Petitioner has not filed a Proposed Order Form MC-351 for the minor claimant.

            Although the Petition appears to otherwise be in good order, the Petition does not demonstrate service of all parties and does not include a proposed order, and therefore cannot be approved at this time. The Court will instead continue the hearing on this matter to permit service of the papers and the preparation and filing of a proposed order.

CONCLUSION:

            Accordingly, the Petition for Compromise of Albert Grande’s Claim is CONTINUED to Friday, April 25, 2025 at 9:00 AM. Petitioner is directed to serve these papers, including a proposed order on Form MC-351, on all parties and file proof of service with the Court.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  March 21, 2025                                  ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.