Judge: William A. Crowfoot, Case: 21STCV30077, Date: 2022-12-09 Tentative Ruling

Case Number: 21STCV30077    Hearing Date: December 9, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ALFRED CAMPILLO, ET AL. by and through their Guardian ad Litem, Esperanza Ramirez,

                   Plaintiff,

          vs.

 

MICHAEL ANTHONY FEDERICI,

 

                   Defendant.

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      CASE NO.: 21STCV30077

 

[TENTATIVE] ORDER GRANTING TWO PETITIONS FOR APPROVAL OF COMPROMISE FOR CLAIMANTS, KIARA CAMPILLO (AGE 8) AND JOCELYN CAMPILLO (AGE 15)

 

Dept. 27

1:30 p.m.

December 9, 2022

 

Claimants, Kiara Campillo (“Kiara”) and Jocelyn Campillo (“Jocelyn”), both minors, by and through their Guardian Ad Litem, Esperanza Ramirez (“Petitioner”), filed these petitions for approval of their respective settlements with Defendant Michael Anthony Federici (“Defendant”).

Kiara has agreed to settle her claims against Defendant for $1,100.  If approved, the net settlement amount of $700 after attorney’s fees of $275 and costs of $125 will be deposited into a blocked account, subject to withdrawal only upon authorization of the court. Kiara experienced nervousness and anxiety as a result of the accident and did not receive any treatment in connection with the incident. She has completely recovered from her injuries.

Jocelyn has agreed to settle her claims against Defendant for $5,500. If Jocelyn’s gross settlement is approved, $805 will be distributed to health care providers for medical care; $1,375 for attorney’s fees and $175 for costs. The balance of $3,144.07 will be deposited into a blocked account, subject to withdrawal only upon authorization of the court. As a result of the incident, she suffered neck pain, chest pain, and left knee injuries. She sought treatment at Adventist Health White Memorial and Lim Rehabilitation & Chiropractic, Inc. after the accident and has recovered completely from her injuries.

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 settlements and finds that both settlements are fair and reasonable.  Further, the requested attorney’s fees which amounts to approximately 25% of the total settlement for each Claimant is fair and reasonable.

The two unopposed Petitions to approve minor’s compromise are GRANTED.

The Court sets an OSC for ________________ for proof of deposits.  (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 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.