KIANA RAD ET AL VS VIRGINIA SPURGEON

Petition to Approve Minor’s Compromise (x2)

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

BACKGROUND

On May 9, 2017, Plaintiffs Kiana Rad and Ryan Rad, by and through their guardian ad litem Mandana Hojati; Mandana Hojati, and Hassan Rad filed a complaint against defendant Virginia Spurgeon (“Defendant”) alleging negligence for a head-on vehicle collision that occurred on October 22, 2016.

On October 18, 2019, Petitioner Mandana Hojati filed petitions to approve compromises of pending actions for Plaintiffs Kiana and Ryan.

Trial is set for January 22, 2020.

PARTY’S REQUESTS

Petitioner Aaron Mandana Hojati (“Petitioner”) requests that the Court grant petitions to approve a compromise of pending actions for Plaintiff Kiana (“Claimant Kiana”) and Plaintiff Ryan (“Claimant Ryan”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner, Claimant Kiana, and Claimant Ryan are required to attend the hearing on the petition.  However, the Court finds that Claimant Kiana’s and Claimant Ryan’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.

Claimant Kiana is to receive a gross settlement of $3,000,000 from USAA Insurance on behalf of Defendant.  $13,194.77 of the gross settlement is to be paid for medical expenses.  Of this $13,194.77, $8,471.50 is to be reimburse to Petitioner for paid medical expenses, $3,015.52 is to be paid to Meridian Resource Co., and $1,707.75 is to be paid to Rawlings Co.

$900,000 of the gross settlement is to be paid for attorney’s fees, which represents 33% of the gross settlement.  This is a reasonable amount after considering the amount of work Petitioner’s counsel performed in this matter as detailed in Attachment 14a.  $4,541.81 of the gross settlement represents costs that are to be paid to Petitioner’s counsel.  The remaining $2,082,263.42 net settlement is to be invested in a single-premium deferred annuity subject to withdrawal only from a Court order pursuant to the terms within Attachment 19a(3) of the petition.

Claimant Ryan is to receive a gross settlement of $50,000 from USAA Insurance on behalf of Defendant.  $825.37 of the gross settlement is to be paid to The Rawlings Company for a medical lien.  No costs or attorney’s fees are to be taken from the gross settlement.  The remaining $49,174.63 net settlement is to be invested in a single-premium deferred annuity subject to withdrawal only from a Court order pursuant to the terms within Attachment 19a(3) of the petition.

The petitions for minors’ compromise filed on October 18, 2019 for Claimant Kiana and Claimant Ryan are APPROVED.

The Court shall sign the proposed orders concurrently filed with the October 18, 2019 petitions for minors’ compromise.

Petitioner is ordered to give notice of this ruling.