Judge: William A. Crowfoot, Case: 20STCV31229, Date: 2022-10-03 Tentative Ruling

Case Number: 20STCV31229    Hearing Date: October 3, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LILIA FLORES, et al.,

                   Plaintiff(s),

          vs.

 

CRISTINA ROMERO-CERVANTES,

 

                   Defendant(s).

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      CASE NO: 20STCV31229

 

ORDER RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF MINOR

 

 

 

Claimant Luis Miguel Reynoso, Jr. (“Claimant”), a minor, by and through their parent and guardian ad litem, Lilia Flores, (“Petitioner”), has agreed to release their claims against Defendant Cristina Romero-Cervantes in exchange for $2,950.  If approved, $500 will be used to pay medical expenses and $737.50 will be used to pay attorney’s fees, leaving a balance of $1,712.50 for Claimant, to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

 

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 it to be fair and reasonable.  Further, the Court finds the proposed attorney’s fees, which amount to 25% of the settlement amount, to be fair and reasonable. 

The proposed order approving the compromise is incomplete because Items 1, 6a, 8a(5), and 11 are not checked.  Also, the proposed order to deposit funds in blocked account identifies Petitioner as a “guardian” instead of as a parent, even though there is no guardianship of the minor.  In light of the foregoing, the Court sets a hearing on the Expedited Petition to Approve Minor’s Compromise for October 24, 2022 at 8:30 a.m.  The revised proposed orders should be filed no later than October 19, 2022.