DARRELL PETERSEN ET AL VS HERMINIO MERINO FLORES ET AL

Tentative Rulings

Case Number: ****1444    Hearing Date: January 02, 2020    Dept: 4B

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISES

Claimant Jillian Petersen (“Claimant”), a minor, by and through her Guardian Ad Litem, Heather Petersen (“Petitioner”), has agreed to settle her claims with Petitioner’s uninsured motorist carrier, Liberty Mutual, in exchange for $13,000.00. If approved, $2,781.00 will be used for medical expenses, $3,225.34 will be used for attorney’s fees, and $98.64 will be used for non-medical expenses, leaving a balance of $6,895.02 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

In addition, Claimant Megan Petersen (“Claimant”), a minor, by and through her Guardian Ad Litem, Heather Petersen (“Petitioner”), has agreed to settle her claims Petitioner’s uninsured motorist carrier, Liberty Mutual, in exchange for $13,000.00. If approved, $3,150.00 will be used for medical expenses, $3,225.47 will be used for attorney’s fees, and $98.11 will be used for non-medical expenses, leaving a balance of $6,526.42 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 Court has reviewed the proposed settlements and finds that they are fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlements, are fair and reasonable.

The unopposed Petitions to approve minor’s compromise are GRANTED.

The Court sets an OSC for March 2, 2020 at 8:30 a.m. in Department 4B for proof of deposit in the blocked accounts. (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 Claimants must appear at the January 2, 2020 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimants’ appearances are not necessary, but will require Petitioner to appear.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.