Judge: William A. Crowfoot, Case: 19STCV27337, Date: 2022-08-09 Tentative Ruling


Case Number: 19STCV27337    Hearing Date: August 9, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JULIO GAETA, et al.,

                   Plaintiff(s),

          vs.

 

LONG BEACH PUBLIC TRANSPORTATION COMPANY, et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)
)
)

      CASE NO: 19STCV27337

 

[TENTATIVE] ORDER RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF MINOR

 

 

 

Claimant Vincent Gaeta (“Claimant”), a minor, by and through their parent and guardian ad litem, Julio Gaeta (“Petitioner”), has agreed to release their claims against Defendants Long Beach Transportation Company and Vivyan Anderson in exchange for $5,000.  If approved, $1,514.01 will be used to pay medical expenses and $1,250 will be used to pay attorney’s fees, leaving a balance of $2,235.99 for Claimant, to be paid or delivered to Petitioner on the terms and under the conditions specified in Probate Code sections 3401-3402, without bond. 

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.  Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC re: Dismisal for October 8, 2022 at 8:30 a.m. in Department 27.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Petitioner and Claimant’s appearances are not necessary, but will require Petitioner’s counsel to appear.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.