Judge: William A. Crowfoot, Case: 20STCV32931, Date: 2022-12-08 Tentative Ruling

Case Number: 20STCV32931    Hearing Date: December 8, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ETHAN PINEDA, et al.,

                   Plaintiff(s),

          vs.

 

CITY OF GLENDALE,

 

                   Defendant(s).

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      CASE NO.: 20STCV32931

 

[TENTATIVE] ORDER RE: PETITION FOR APPROVAL OF MINOR’S COMPROMISE

 

Dept. 27

1:30 p.m.

December 8, 2022

 

Claimant Ethan Pineda (“Claimant”), a minor, by and through his Guardian Ad Litem, Jorge Pineda (“Petitioner”), has agreed to settle his claims against Defendant City of Glendale in exchange for $22,000.  If approved, $529.51 will be used for medical expenses, $5,500 will be used for attorney’s fees, and $9,349.18 will be used for non-medical expenses, leaving a balance of $6,621.31 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 Civ. Proc. § 372.)  The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.”  (CRC 7.950.)  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 for February 8, 2023 at 8:30 a.m. for proof of deposit.  (Cal. Rules of Court, Rule 7.953(a).)  If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

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.

Moving party to give notice.

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.