Judge: William A. Crowfoot, Case: 20STCV35627, Date: 2022-10-03 Tentative Ruling

Case Number: 20STCV35627    Hearing Date: October 3, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ORLANDO ABISAI PARADA,

                   Plaintiff(s),

          vs.

 

ROSA RODRIGUEZ,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 20STCV35627

 

[TENTATIVE] ORDER RE: PETITIONS TO CONFIRM MINOR’S COMPROMISE

 

Dept. 27

1:30 p.m.

October 3, 2022

 

Claimant Orlando Abisai Parada (“Claimant”), a minor, by and through his Guardian Ad Litem, Judy Xiomara Mejia (“Petitioner”), has agreed to settle his claims against Defendants Rosa Rodriguez, Virgilio Mejia, and Petitioner in exchange for $105,378.68.  If approved, $10,045 will be used for medical expenses, $26,344.67 will be used for attorney’s fees, and $435 will be used for non-medical expenses, leaving a balance of $68,554.01 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.

However, the proposed order includes duplicate amounts of attorneys’ fees.  Item 8a(1) states that $26,344.67 will be paid to Rulsky Law Group while Item 8a(4) also states that $26,344.67 will be paid to Rulsky Law Group. 

The hearing on this matter is CONTINUED to October 24, 2022 at 1:30 p.m. so that Petitioner may submit a revised proposed order approving the Petition.  The proposed order should be filed no later than October 19, 2022. 

 

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.