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

 

KAYLA MORALES, et al.,

                   Plaintiff(s),

          vs.

 

THERESA BACHRACH, et al.,

 

                   Defendant(s).

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      CASE NO: 20STCV43911

 

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.