Judge: William A. Crowfoot, Case: 21STCV27710, Date: 2022-12-22 Tentative Ruling

Case Number: 21STCV27710    Hearing Date: December 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CRYSTALYNNE McCRAE, et al.,

                   Plaintiff(s),

          vs.

 

WOOD GROUP USA, INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV27710

 

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

 

Dept. 27

1:30 p.m.

December 22, 2022

 

Claimant Brittney McCrae (“Claimant”), a minor, by and through their Guardian Ad Litem, Hugh McCrae, Jr. (“Petitioner”), has agreed to settle their claims against all defendants in exchange for a lump sum of $4,999.99.  If approved, $1,249.99 will be used for attorney’s fees, leaving a balance of $3,750 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 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.

However, there are no proposed orders for the Court on Judicial Council Forms MC-351 or Form MC-355.  Additionally, the trust documents are pending review by the probate attorneys. 

Accordingly, the hearing on the unopposed Petition to approve minor’s compromise is continued to January 30, 2023 at 1:30 p.m. Petitioner should file the proposed orders by January 23, 2023. 

The hearings on the other two petitions to approve minor’s compromise in this action, scheduled for December 23, 2022, are also continued to January 30, 2023.  Petitioner should file the Proposed orders for those petitions by January 23, 2023 as well.

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.