Judge: William A. Crowfoot, Case: 21STCV12582, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV12582    Hearing Date: September 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Joseba Carvajal

Claimant Joseba Carvajal (“Claimant”), a minor, by and through their Guardian Ad Litem, Idurre Alonso (“Petitioner”), has agreed to settle their claims against Defendant J.K.W. Properties, Inc. and Linda L. Murray in exchange for $2,500.  If approved, $625 will be used for attorney’s fees, leaving a balance of $1,875 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 continues the hearing on this Petition to October 21, 2022, at 1:30 p.m.  Items 17d to 17f of the Petition are incomplete, as are Items 9a, 10, and 11 of the proposed order approving the compromise.  Additionally, the two proposed orders should be filed separately for signature.

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.

Mikel Carvajal

Claimant Mikel Carvajal (“Claimant”), a minor, by and through their Guardian Ad Litem, Idurre Alonso (“Petitioner”), has agreed to settle their claims against Defendant J.K.W. Properties, Inc. and Linda L. Murray  in exchange for $2,500.  If approved, $625 will be used for attorney’s fees, leaving a balance of $1,875 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 continues the hearing on this Petition to October 21, 2022, at 1:30 p.m.  Items 17d to 17f of the Petition are incomplete, as are Items 9a, 10, and 11 of the proposed order approving the compromise.  Additionally, the two proposed orders should be filed separately for signature.

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.

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.