Judge: William A. Crowfoot, Case: 24AHCV00334, Date: 2024-09-23 Tentative Ruling

Case Number: 24AHCV00334    Hearing Date: September 23, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ANDREA PEELER,

                    Plaintiff(s),

          vs.

 

PETER HANS WILLINGER,

 

                    Defendant(s).

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      CASE NO.: 24AHCV00334

 

[TENTATIVE] ORDER RE: PETITION FOR APPROVAL OF MINOR’S COMPROMISE

 

Dept. 3

8:30 a.m.

September 23, 2024

 

Claimant Andrea Peeler(“Claimant”), a minor, by and through their Guardian Ad Litem, Robert Peeler (“Petitioner”), has agreed to settle their claims against Defendant Peter Hans Willinger in exchange for $100,000.  If approved, $6,615.22 will be used for medical expenses,  $25,000 will be used for attorney’s fees, and $1,281.01 will be used for non-medical expenses, leaving a balance of $67,103.77 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 Court has reviewed the proposed settlement but is not inclined to approve it without evidence that Claimant’s health plan and medical providers (La Verne Physical Therapy, Providence Rezolut Imaging, and Vrijesh S. Tantuwaya, M.D.) have agreed to accept a negotiated reduction to their liens. Accordingly, the Court continues the hearing on this petition to _______________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse so that supplemental evidence of the negotiated lien reductions can be filed. Supporting paperwork must be filed no later than 5 court days before the hearing.

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 neither Petitioner nor Claimant’s appearance is necessary but will require Petitioner’s counsel to appear.

Moving party to give notice.

 

Dated this 23rd day of September 2024

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.