Judge: Wesley L. Hsu, Case: 19STCV15074, Date: 2023-03-27 Tentative Ruling

Case Number: 19STCV15074    Hearing Date: March 27, 2023    Dept: L

Petitioner Evelyn Garcia’s Petition for Approval of Compromise of Action on Behalf of Minor Claimant Emmanuel Felix is GRANTED.

Background   

Plaintiffs Emmanuel Felix (“Felix”), a minor, by and through his Guardian Ad Litem, Evelyn Garcia, and Evelyn Garcia, individually (“Garcia”) (collectively, “Plaintiffs”) allege as follows: On March 23, 2018, Felix was a 4-year-old student at Baker Elementary School (“School”) in El Monte, CA, which is within the Mountain View School District (“District”). Felix sustained injuries after he was left unsupervised in the bathroom and pushed by another student. 

On May 1, 2019, Plaintiffs filed a complaint, asserting causes of action against District, School (hereinafter collectively, “Defendants”) and Does 1-25 for:

1.      Negligence

2.      Negligent Supervision and Inadequate Training

3.      Vicarious Liability of Public Employees

4.      Intentional and Negligent Infliction of Emotional Distress

On October 28, 2021, Garcia dismissed her claims, with prejudice.

On March 16, 2022, this case was transferred from Department 29 of the Personal Injury Court to this instant department.

On February 1, 2023, a conditional “Notice of Settlement of Entire Case” was filed.

An Order to Show Cause Re: Dismissal (Settlement) is set for September 1, 2023.

Legal Standard

Court approval is required for all settlements of a minor’s claim.  (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)  California Rules of Court Rule 7.950 provides that a 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.”  (See Cal. Rules of Court, rule 7.950.)  Rule 7.950 states that the Petition must be filed on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).

Discussion

Petitioner Garcia seeks court approval of a settlement between minor claimant Felix and Defendants in the total amount of $17,500.00.

The petition is properly filed on the Judicial Council form and is executed by Petitioner.  The petition explains that on March 23, 2018 Felix was in his classroom at School, when there was an incident that led to Felix falling into the sink and breaking his nose. (Petition, ¶¶ 4-5.) Felix was taken by ambulance to the hospital on the day of the injury and followed up with his primary care physician. (Id., ¶ 7.) Felix was also evaluated by a neurologist and a plastic surgeon. (Id.) Felix has recovered completely from the effects of the aforementioned injuries and there are no permanent injuries. (Id., ¶ 8).

Defendants have not offered to pay money to any person(s) other than Felix to settle claims arising out of the same incident that resulted in Felix’s injury. (Id., ¶ 11.)

Felix’s total medical expenses before any reductions are $6,520.00. (Id., ¶ 12a.(1)). These medical expenses have been/are being addressed as follows: $476.33 paid by Medi-Cal, $4,476.33 as negotiated, contractual or statutory reductions and $500.00 paid from the proceeds to David Shamouelian, M.D. (Id., ¶ 12a.(2)-(4) and b.(5)(b)(i)(F)). In full satisfaction of its lien rights, Medi-Cal has agreed to accept reimbursement in the amount of $0. (Id., ¶ 12b.(4)(c), Attachment 12b.(4)(c).)

The total amount of attorney’s fees for which court approval is requested is $0. (Id., ¶ 13a).

The total amount of costs (other than medical expenses) to be to be reimbursed from proceeds of the settlement is $22,925.36 (i.e., which includes a $975.00 “contract attorney fee”). (Id., ¶ 13b, Attachment 13b.). Garcia has paid none of the fees or expenses listed in items 12 or 13 for which reimbursement is requested. (Id., ¶ 14a).

Garcia represents that the balance of the proceeds of the proposed settlement remaining for Felix after payment of all requested fees and expenses is $0. (Id., ¶ 15).

Garcia has attached a copy of her “Attorney Client Agreement” with Blair & Ramirez LLP as Attachment 17a. The attorneys have not received attorney’s fees or other compensation in addition to that requested in the petition for services provided in connection with the claim giving rise to the petition, nor do that expect to receive same.

The court finds the settlement is fair and reasonable. The petition is granted.