Judge: William A. Crowfoot, Case: 20STCV43911, Date: 2022-12-15 Tentative Ruling
Case Number: 20STCV43911 Hearing Date: December 15, 2022 Dept: 27
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL
DISTRICT
|
Plaintiff(s), vs. THERESA
BACHRACH, et al., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) |
ORDER
RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF MINOR |
Claimant Kaitlyn Morales (“Claimant”),
a minor, by and through their guardian ad litem, Natalie Nelson,
(“Petitioner”), has agreed to release their claims against Defendant Theresa Bachrach
in exchange for 15,000. If approved, $1,500
will be used to pay medical expenses and $3,750 will be used to pay attorney’s
fees, leaving a balance of $9,750 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 cannot approve the settlement at
this time. Item 12b is not completely
filled out and, even though co-plaintiff Kayla Morales is receiving $15,000, there
is no Attachment 12 specifying the reasons for the apportionment of the
settlement payments between Claimant and Ms. Morales. Additionally, the proposed order approving
the compromise is incomplete because Item 8a is blank.
In light of the foregoing, the Court
sets a hearing on this Expedited Petition for December 29, 2022, at 1:30 p.m.
so that additional documentation and a revised proposed order may be
submitted. The additional paperwork
should be filed no later than December 22, 2022.
Per California Rules of Court, Rule
7.952, the Court finds that Petitioner and Claimant’s appearances are not
necessary, but will require Petitioner’s counsel to appear.