Judge: William A. Crowfoot, Case: 22STCV01598, Date: 2022-09-13 Tentative Ruling

Case Number: 22STCV01598    Hearing Date: September 13, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ANGELINA GANDARILLA, by and through her Guardian Ad Litem, Vanessa Gandarilla, et al.,

                   Plaintiff(s),

          vs.

 

LIBERTY LARA,

 

                   Defendant(s).

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      CASE NO.: 22STCV01598

 

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE COMPROMMISE OF DISPUTED CLAIM

 

Dept. 27

1:30 p.m.

September 13, 2022

 

Nadia Gandarilla

Claimant Nadia Gandarilla (“Claimant”), a minor, by and through her mother and Guardian Ad Litem, Vanessa Gandarilla (“Petitioner”), has agreed to settle her claims against Defendant Liberty Lara in exchange for $15,000.  If approved, $4,434.41 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 $6,262.54 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, Items 8a(2) and 8a(3) are both checked, which is duplicative.  Petitioner needs to clarify whether the settlement funds will be paid directly to the providers.  Accordingly, the hearing on the petition is CONTINUED to September 21, 2022 so that a revised proposed order may be submitted.  The proposed order must be filed no later than September 16, 2022. 

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.

Angelina Gandarilla

Claimant Angelina Gandarilla (“Claimant”), a minor, by and through her mother 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 $6,128.44c 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, as pointed out by the Court in its August 16, 2022 minute order, Items 8a(2) and 8a(3) of the proposed order are both checked, which is duplicative, and it is unclear whether Petitioner is requesting reimbursement for medical expenses. 

Accordingly, the hearing on the petition is CONTINUED to September 21, 2022 so that a revised proposed order may be submitted.  The proposed order must be filed no later than September 16, 2022. 

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.