SAMUEL RODRIGUEZ JR VS JONATHAN PONCE ET AL

Tentative Rulings

Case Number: ****3324 Hearing Date: September 16, 2021 Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Samuel Rodriguez Jr. (“Claimant”), a minor, by and through his Guardian Ad Litem, Samuel Rodriguez, Sr. (“Petitioner”), has agreed to settle his claims against Defendant City of Baldwin Park in exchange for $17,500 and Defendant Jonathan Ponce in exchange for $15,000. If approved, $6,664.28 will be used for medical expenses and $8,125 will be used for attorney’s fees, leaving a balance of $17,710.72 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 settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise is GRANTED.

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 excuses Petitioner and Claimant from appearing.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

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Case Number: ****3324 Hearing Date: August 23, 2021 Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Samuel Rodriguez Jr. (“Claimant”), a minor, by and through his Guardian Ad Litem, Samuel Rodriguez Sr. (“Petitioner”), has agreed to settle his claims against Defendants Jonathan Ponce and City of Baldwin Park in exchange for $32,500. If approved, $6,664 will be used for medical expenses and $8,125 will be used for attorney’s fees, leaving a balance of $17,711 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 settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amount to approximately 25% of the total settlement, is fair and reasonable.

However, Item 12a(2) states $0 has been paid for medical expenses even though a letter from the Department of Health Care Services states that Claimant has received $2,519.94 in benefits. In turn, although Claimant has received $2,510.94 in benefits, Item 12b(4) states that Medi-Cal has only paid $1,889.00. Lastly, Item 12a(5)(a)(i) is checked even though liens are identified in Item 12b(5)(b), including a duplicative reference to Medi-Cal's lien.

The unopposed Petition to approve minor’s compromise is DENIED without prejudice.

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 good cause to excuse their appearances.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.