Judge: William A. Crowfoot, Case: 20STCV48946, Date: 2022-12-27 Tentative Ruling

Case Number: 20STCV48946    Hearing Date: December 27, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CESAR BARRAGAN, a minor by and through his Guardian ad Litem, Manuel Barragan,

                   Plaintiff,

          vs.

 

ADRIANA ASTORGA, AMERICAN HONDA MOTOR CO., INC.,

 

                   Defendant.

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      CASE NO.: 20STCV48946

 

[TENTATIVE] ORDER PETITION FOR APPROVAL OF COMPROMISE OF AMINOR’S CLAIM  

 

Dept. 27

1:30 p.m.

December 27, 2022

 

This action arises from an auto accident, causing injury to Plaintiff while he was a passenger in his father’s car. Defendant, Adriana Astorga, was driving the other vehicle. Because of alleged defects in Plaintiff’s father’s vehicle, the airbag deployment caused plastic shards to cut Plaintiff’s face. Plaintiff alleges claims for negligence and products liability claims against the vehicle manufacturer and parts manufacturer.

 Claimant Cesar Barragan (“Claimant”), a minor, by and through his Guardian Ad Litem, Manuel Barragan (“Petitioner”), has agreed to settle his claims against Defendant Astorga for $15,000 and against Defendant, Coverlay Manufacturing, Inc., for $1,500,000.00 in exchange for dismissal.  If approved, $27,326.45 will be disbursed for medical expenses, $606,000 will be disbursed for attorney’s fees, and $40,392.58 will be used for non-medical expenses, leaving a balance of $841,280.99. Of that amount $130,749.37 will be deposited into a blocked account, subject to withdrawal only upon authorization of the court. The balance of $710,531.62 will be used to purchase an annuity.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court has reviewed the proposed settlement. Plaintiff’s counsel, June Kim, requests attorney’s fees of 40% ($606,000.00) of the gross settlement reduced from 45%. Plaintiff’s counsel was able to reduce the medical liens owed by the Plaintiff and advanced costs of $40,392.58 while bearing all the risk in the event Plaintiff did not prevail. Plaintiff’s counsel engaged in discovery and mediation and was able to secure a good result with minimal expense. Declaration of June Kim.  The court finds the request for attorney’s fees is reasonable. Accordingly, the unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for ________________ proof of deposit and proof of purchase of the annuity.  (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 Claimant’s appearance is not necessary, but will require Petitioner 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’s 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.