Judge: Thomas D. Long, Case: 24STCV18206, Date: 2024-09-12 Tentative Ruling

Case Number: 24STCV18206    Hearing Date: September 12, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Nolan Mernin, a minor, by and through his parent Meghan L. Mernin, has agreed to settle his claim with Decedent’s uninsured motorist insurer in exchange for $300,000.00.  Of this amount, $4,160.00 is allocated for medical expenses, $75,000.00 is allocated for attorney fees, and $840.00 is allocated for costs, leaving a balance of $220,000.00 for Claimant.  If approved, the funds will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and cannot find that it is fair and reasonable at this time.

Item 10 does not identify the settling defendant or entity.

Item 11b(2) indicates that Petitioner has a claim against the recovery of Claimant, but the Petition does not include Attachment 11b(2) as required.

Attachment 13a’s declaration does not sufficiently explain the basis for the attorney fees request.

The Petition does not include proof of the fees and expenses, as required by Item 14.

Accordingly, the Petition is DENIED WITHOUT PREJUDICE.

Petitioner may file an amended petition with a new hearing reservation.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of September 2024