Judge: William A. Crowfoot, Case: 21STCV40810, Date: 2022-12-15 Tentative Ruling

Case Number: 21STCV40810    Hearing Date: December 15, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARY LOUISE GARCIA, et al.,

                   Plaintiff(s),

          vs.

 

JERIC MANIPON JAURIGUE, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV40810

 

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM

 

Dept. 27

1:30 p.m.

December 15, 2022

 

Claimant Bella Onofre Flores (“Claimant”), a minor, by and through their parent and Guardian Ad Litem, Rayanna Raylene Ruiz (“Petitioner”), has agreed to settle their claims against Defendants Jeric Manipon Jaurigue and Ma Elena Jaurigue in exchange for $750  If approved, $30.69 will be used for medical expenses, $187.50 will be used for attorney’s fees, and $129 will be used for non-medical expenses, leaving a balance of $402.81 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. 

The unopposed Petition is granted

The Court sets an OSC for February 21, 2023 for proof of deposit.  (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 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.