Judge: William A. Crowfoot, Case: 21STCV45032, Date: 2022-09-27 Tentative Ruling

Case Number: 21STCV45032    Hearing Date: September 27, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       INTRODUCTION

          On December 9, 2021, Plaintiff Joseph Rodriguez by and through his Guardian Ad Litem Margarett Dondis filed the instant action against Defendants Montessori of Valencia and Montessori of Valencia, Inc. for premises liability, negligent supervision, negligent hiring, and negligent retention. The action arises out of burns Plaintiff sustained due to hot water spilling on him.

          On July 6, 2022, Petitioner Margarett Dondis (“Petitioner”), Plaintiff’s guardian ad litem, filed an expedited petition for approval of minor’s compromise for claimant Joseph Rodriguez (“Claimant”), a minor. 

          On September 19, 2022, an amended petition to approve compromise of disputed claim was filed. 

Claimant has agreed to settle his claims against Defendant Montessori of Valencia, Inc., by and through its insurer, ACE Property & Casualty Insurance Company in exchange for $490,000.  If approved, $65,724.69 will be used for medical expenses, $122,500 will be used for attorney’s fees, and $2,552.37 will be used for non-medical expenses, leaving a balance of $299,222.94 for Claimant to be invested in a single-premium deferred annuity, subject to withdrawal only on 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 requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.  However, the Court notes that Petitioner has not provided greater detail regarding Claimant’s medical bills and the reimbursement demanded, even though the Court requested this information in its tentative ruling issued on August 26, 2022. 

Accordingly, the Hearing on Petition to Confirm Minor's Compromise scheduled for 09/27/2022 is continued to 10/27/2022 at 1:30 PM in Department 27 at Spring Street Courthouse to permit Petitioner to address the issues raised above. 

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.