Judge: William A. Crowfoot, Case: 22STCV01598, Date: 2022-08-16 Tentative Ruling

Case Number: 22STCV01598    Hearing Date: August 16, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Angelina Gandarilla (“Claimant”), a minor, by and through her parent and guardian ad litem, Vanessa Gandarilla (“Petitioner”), has agreed to settle her claims against Defendant Liberty Lara in exchange for $15,000  If approved, $4,568.51 will be used for medical expenses, $3,750 will be used for attorney’s fees, and $553.05 will be used for non-medical expenses, leaving a balance of $6,128.44 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 requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.  However, the petition does not include any evidence that Newport Care Medical Group and West Star Physical Therapy have agreed to reduce their charges for the medical services provided to Claimant.  Also, Items 8a2 and 8a3 of the proposed order appear to be duplicative because Item 14a of the petition is checked, showing that Petitioner is not requesting reimbursement.  Petitioner needs to clarify whether the money for medical expenses is going to be paid directly to the providers or to Petitioner and Petitioner’s counsel.  Additionally, Item 9c2 should be checked and Claimant’s birth date should be identified, as well as Items 10 and 11. 

The Petition to approve minor’s compromise is DENIED without prejudice. 

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.