FALLYN TRINITY TALAMANTEZ ET AL VS CURTIS RAY PENDEGRAF ET A

Petition to Approve Minor’s Compromise (x2)

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On February 27, 2017, Plaintiffs Fallyn Trinity Talamantez, by and through her guardian ad litem, Michal Talamantez, and Addilynn Paige Talamantez, by and through her guardian ad litem, Aaron Michael Talamantez (“Plaintiffs”) filed a complaint against Defendants Curtis Ray Pendegraf and Sienna Trails Logistics Inc.  The complaint alleged wrongful death – motor vehicle, wrongful death – negligence, motor vehicle, general negligence, and negligent infliction of emotional distress for a fatal automobile collision that occurred on February 13, 2017.

On April 27, 2017, Plaintiffs filed a first amended complaint to allege additional negligence causes of action and additional facts and to name Defendants Kelly Lynn Myers and James Patrick Myers.

On June 12, 2017, Defendants/Cross-Complainants Kelly Lynn Myers and James Patrick Myers filed a cross-complaint against Defendants/Cross-Defendants Curtis Ray Pendegraf and Sienna Trails Logistics Inc. seeking indemnity, declaratory relief, and apportionment of fault.

On August 17, 2017, Defendants/Cross-Complainants Kelly Lynn Myers and James Patrick Myers filed an amendment to their cross-complaint to name Cross-Defendant Simon Miller as Roe 1.

On September 1, 2017, Plaintiffs amended their first amendment complaint to name Defendant Simon Miller as Doe 81 and Doe 91.

On June 20, 2019, Plaintiffs dismissed their complaint as to Defendants/Cross-Complainants Kelly Lynn Myers and James Patrick Myers.

On August 27, 2019, the Court denied a petition to approve a compromise of disputed claim for Plaintiff Fallyn and a petition to approve a compromise of pending action for Plaintiff Addilynn due to unjustified requests for attorney’s fees.

On October 11, 2019, Petitioner Aaron Michael Talamantez filed new petitions to approve a compromise of pending action for Plaintiffs.

An Order to Show Cause RE: Dismissal After Settlement is scheduled for November 18, 2019.

PARTY’S REQUESTS

Petitioner Aaron Michael Talamantez (“Petitioner”) requests that the Court grant petitions to approve a compromise of pending actions for Plaintiff Fallyn (“Claimant Fallyn”) and Plaintiff Addilynn (“Claimant Addilynn”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner, Claimant Fallyn, and Claimant Addilynn are required to attend the hearing on the petition.  However, the Court finds that Claimant Fallyn’s and Claimant Addilynn’s attendance are not required due to their age and the settlement amount.

DISCUSSION

The Court finds the petitions should be approved.

All of the required attachments are included with the petitions.  Each is to receive a gross settlement of $500,000.  $11,251.63 of each gross settlements is to be paid to Petitioner’s attorney for costs.  $165,000 of each gross settlements shall be paid to Petitioner’s attorney for fees, which represents 33% of each gross settlement.  This amount of attorney’s fees is proper as stated in this Court’s August 27, 2019 order.  $164.94 of Claimant Fallyn’s gross settlement is to be paid to the Department of Health Care Services, Personal Injury Program, MS 4720, P.O. Box 997421, Sacramento, CA 95899-7421.

Claimants’ net settlements -- $323,583.43 for Claimant Fallyn and $323,748.37 for Claimant Addilynn – are to be paid to Claimants through single-premium deferred annuities, subject to withdrawal only upon authorization of the Court.  The terms of these annuities are attached as 19b(3) to Claimants’ respective petitions.

The petitions for minors’ compromise filed on October 10, 2019 for Claimant Fallyn and Claimant Addilynn are APPROVED.

The Court shall sign the proposed orders concurrently filed with the October 10, 2019 petitions for minors’ compromise.

Petitioner is ordered to give notice of this ruling.