Tentative Rulings

Case Number: ****1970    Hearing Date: July 01, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

The Court has reviewed the petition by Petitioner Jose A. Jimenez (“Petitioner”) on behalf of Claimant Anthony Jimenez (“Claimant”). The Court finds that the settlement of $50,000 is fair and reasonable, especially because Defendant tendered the policy limit of $500,000 for a global settlement with all plaintiffs. The Court finds that the deductions for medical expenses, costs, and attorneys’ fees are fair and reasonable.

Petitioner initially proposed that the balance of the proceeds—$26,572.87—be used as follows: (1) $5,000 would be deposited into an unrestricted account, and (2) $21,572.87 would be placed in a tax-free structured settlement annuity policy from Metropolitan Tower Life Insurance Company. Petitioner further proposed to use the funds deposited in the unrestricted account to pay rent. Petitioner represented that he has “lost his job because of the Corona virus restrictions on his employer” and “has no source of income.” Petitioner also represented that “[h]is wife is also unemployed.” The Court granted leave to file a supplemental declaration addressing some of the Court’s concerns. However, Petitioner has notified the Court that he is abandoning his request to use any of the settlement to pay rent and instead proposes that the $5,000 be deposited into a blocked account to be used for the benefit of Claimant. With this change, the Court approves the settlement. The Court orders Petitioner to prepare and lodge a proposed order to deposit funds into a blocked account (Form MC-355) within ten days. The Court sets an Order to Show Cause re: Funding of Annuity, Deposit of Funds into Blocked Account, and Dismissal for September 10, 2020, at 8:30 a.m. Petitioner shall provide notice and file proof of such with the Court.

DATED: June 30, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: ****1970    Hearing Date: June 30, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

The Court has reviewed the petition by Petitioner Jose A. Jimenez (“Petitioner”) on behalf of Claimant Anthony Jimenez (“Claimant”). The Court finds that the settlement of $50,000 is fair and reasonable, especially because Defendant tendered the policy limit of $500,000 for a global settlement with all plaintiffs. The Court finds that the deductions for medical expenses, costs, and attorneys’ fees are fair and reasonable.

Petitioner initially proposed that the balance of the proceeds—$26,572.87—be used as follows: (1) $5,000 would be deposited into an unrestricted account, and (2) $21,572.87 would be placed in a tax-free structured settlement annuity policy from Metropolitan Tower Life Insurance Company. Petitioner further proposed to use the funds deposited in the unrestricted account to pay rent. Petitioner represented that he has “lost his job because of the Corona virus restrictions on his employer” and “has no source of income.” Petitioner also represented that “[h]is wife is also unemployed.” The Court granted leave to file a supplemental declaration addressing some of the Court’s concerns. However, Petitioner has notified the Court that he is abandoning his request to use any of the settlement to pay rent and instead proposes that the $5,000 be deposited into a blocked account to be used for the benefit of Claimant. With this change, the Court approves the settlement. The Court orders Petitioner to prepare and lodge a proposed order to deposit funds into a blocked account (Form MC-355) within ten days. The Court sets an Order to Show Cause re: Funding of Annuity, Deposit of Funds into Blocked Account, and Dismissal for September 10, 2020, at 8:30 a.m. Petitioner shall provide notice and file proof of such with the Court.

DATED: June 30, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: ****1970    Hearing Date: November 05, 2019    Dept: 5

Gabriela Lara, et al. v. Jenny Yoon, et al.

Case No. ****1970

Tentative Order on Motion for a Mandatory Settlement Conference with Judge James R. Dunn

The motion for a mandatory settlement conference with Judge James R. Dunn is denied, as a noticed motion is not appropriate for this type of request. Instead, the Court orders the parties to participate in a mandatory settlement conference with the volunteer settlement attorneys from the American Board of Trial Advocates, the Association of Southern California Defense Counsel, and the Consumer Attorneys Association of Los Angeles. The parties shall comply with the Court’s Third Amended Standing Order Re: Mandatory Settlement Conference, Effective August 7, 2018. The Court’s clerk shall provide notice.