Judge: William A. Crowfoot, Case: 21STCV25827, Date: 2022-08-10 Tentative Ruling

Case Number: 21STCV25827    Hearing Date: August 10, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

NOAH GREGG,

                   Plaintiff(s),

          vs.

 

JDE TRANSPORTATION, INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 21stcv25827

 

[TENTATIVE] ORDER RE: PETITION FOR APPROVAL OF COMPROMISE OF ACTION FOR MINOR

 

Dept. 27

1:30 p.m.

August 10, 2022

 

Claimant Noah Gregg (“Claimant”), a minor, by and through his Guardian Ad Litem, Vanessa Gregg (“Petitioner”), has agreed to settle his claims against Defendants JDE Transportation, Inc. and Jose Fernandez in exchange for $100,000.  If approved, $25,000 will be used for attorney’s fees, and $3,945.75 will be used for non-medical expenses, leaving a balance of $71,054.25 for Claimant.  $61,000 is to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  $10,054.26 will be transferred to Petitioner, who is Claimant’s custodial guardian, to be used to provide necessities for Claimant, including but not limited to psychological and medical treatment, school and extracurricular activities, and childcare, as well as nutrition, housing, and transportation.  Petitioner intends to use the funds solely for Claimant’s benefit and general well-being. 

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. 

The Petition to approve minor’s compromise is GRANTED without prejudice.  The Court sets an OSC re: proof of purchase of annuity for November 9, 2022 at 1:30 p.m. 

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.

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.