Judge: William A. Crowfoot, Case: 23AHCV00586, Date: 2023-10-16 Tentative Ruling

Case Number: 23AHCV00586    Hearing Date: October 16, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Damon Pallais (“Claimant”), a minor, by and through his Guardian Ad Litem, Deysi Rivas (“Petitioner”), has agreed to settle his claims against Defendant Dekaven Ashley in exchange for $30,000. According to the petition, $4,278.17 will be used for medical expenses, $7,500 will be used for attorney’s fees, and $517.97 will be used for non-medical expenses, leaving a balance of $17, 703.86 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.)

On July 19, 2023, the Court denied Petitioner’s prior petition for minor’s compromise for the following three reasons: 1) there was no proposed order approving the petition on Form MC-351, 2) the costs listed in Item 13b on the petition were overstated by $435 because there was no filing fee for this petition (Gov. Code, § 70617, subd. (b)(13)), and 3) the proposed order to deposit funds in blocked account should have identified Petitioner as Claimant’s parent in Items 1 and 3.

On July 24, 2023, Petitioner filed a new petition, a proposed order, and a proposed order to deposit funds in a blocked account.  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. Additionally, Petitioner has corrected the deficiencies identified at the June 19, 2023, hearing.

Accordingly, the unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for ________________ 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 Claimant’s appearance is not necessary, but will require Petitioner to appear.

Moving party to give notice.

Dated this 16th day of October, 2023

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.