Tentative Rulings

Case Number: BC672636    Hearing Date: September 15, 2020    Dept: 32

ORDER #1 of 2

This case arises out of a motor vehicle collision on November 1, 2016 involving Defendant Cindy Quinteros (“Quinteros”) and Claimant Manuel Jesus Contreras (“Claimant”). At the time, Quinteros was driving a rental car from the Hertz Corporation, LLC (“Hertz”). Claimant was seriously injured during the accident, having sustained a head injury. According to Plaintiff’s counsel: “Claimant’s prognosis is grim. He remains in a coma as a result of the automobile collision that gives rise to this action. It is medically probable that he will never awaken from this coma.” (Declaration of Matthew K. Joy, ¶ 10.) Claimant was born on January 13, 1941, meaning that he is almost 80 years old. (Expedited Petition to Approve Compromise of Disputed Claim, ¶ 2(a).)

Claimant, by and through his Guardian ad Litem, Manuel Guillermo Contreras, (“Petitioner”) has submitted a petition to approve the settlement with the following information:

Total Settlement Amount: $30,000

Attorney’s Fees: $10,000

Reimbursement of Costs: $3,005.96

Satisfaction of Medicare Lien: $7,559.02

Remaining Amount: $9,435.02

The Court approves the settlement amount. Although the injuries were severe, the settlement is part of a global settlement agreement involving multiple parties and, more important, reflects the applicable policy limit from Hertz. The Court approves the deduction for attorneys’ fees, as they are fair and reasonable considering the work expended on this case. The Court approves the deductions for costs, as they were reasonably related to the litigation. The Court approves the deduction for satisfaction of the Medicare lien, as Plaintiff’s counsel has provided the requisite documentation. Petitioner proposes to use for Claimant’s burial and has submitted estimates projecting that the total cost will be $12,379. The Court approves these expenditures.

Claimant receives public benefits in the form of Medi-Cal and Medicare. (Declaration of Matthew K. Joy, ¶ 9.) Claimant also may receive Social Security benefits. (Ibid.) Therefore, the Court denies Petitioner’s request to open a blocked account in the name of Claimant. The Court also denies Petitioner’s request to deposit the funds in the name of “Manuel Guillermo Contreras as Conservator for Manuel Jesus Contreras.” Instead, the Court authorizes disbursement of the funds—$9,435.02—directly to Manuel Guillermo Contreras in his personal capacity. The Court is comfortable with this arrangement because Petitioner, a relative, has assumed responsibility for Claimant’s burial, and the amount of the settlement proceeds is less than the projected burial expenses.

The Court sets an Order to Show Cause re: Dismissal for October 30, 2020, at 8:30 a.m. Petitioner shall provide notice and file proof of such with the Court.

DATED: September 15, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

ORDER #2 of 2

Defendant Cindy Quinteros (“Defendant”) moves for entry of a stipulated judgment per the terms of the agreement that the parties entered at mediation. Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered into a valid and binding settlement. To do so, the court may receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.) Defendant has provided a signed stipulation, and no party has opposed this motion. Therefore, the motion is granted.

CONCLUSION AND ORDER

Defendant’s motion for entry of stipulated judgment is granted. Defendant shall provide notice and file proof of such with the Court.

DATED: September 15, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC672636    Hearing Date: July 10, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

The Court has reviewed the petition by Petitioner Manuel Guillermo Contreras (“Petitioner”) on behalf of Claimant Manuel Jesus Contreras (“Claimant”). Claimant was involved in a motor vehicle collision with a vehicle driven by Cindy Quinteros (“Quinteros”) and owned by the Hertz Corporation, LLC (“Hertz”). As a result of the accident, Claimant suffered a head injury and remains in a coma. According to the petition, there is no medical probability that Claimant will recover from his injuries. Hertz has agreed to settle for the policy limit of $30,000, from which the following amounts would be deducted: (1) Medical expenses of $7,559.02, (2) Attorneys’ fees of $10,000, and (3) Litigation expenses of $3,005.96. Petitioner proposes that the remaining $9,435.02 be deposited into a blocked account in the name of Claimant.

The Court finds that the settlement is fair and reasonable. Notwithstanding the serious nature of Claimant’s injuries, Hertz has agreed to settle for the policy limit. Moreover, there is substantial litigation risk in pursuing litigation against Hertz in this case. Quinteros was the party involved in the collision, and it is unclear whether Petitioner would prove successfully that Hertz was negligent in renting the vehicle to Quinteroz, i.e., that Hertz knew Quinteros was unfit when it rented the vehicle. The Court finds that the expenses and attorneys’ fees are reasonable under the circumstances.

The Court’s concern stems from Petitioner’s proposal to deposit the proceeds into a blocked account in the name of Claimant. The order states that the “[m]oney belongs to” Claimant. The Court is concerned that this arrangement may interfere with any of Claimant’s public benefits (e.g., social security benefits, etc.).

Based upon the foregoing, the Court sets this matter for hearing on July 10, 2020, at 1:30 p.m. However, Petitioner’s counsel may file and serve a declaration before the hearing addressing the Court’s concern. If so, the Court may approve the settlement without a hearing since this is an expedited petition. The Court’s clerk shall provide notice.

DATED: April 28, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC672636    Hearing Date: January 22, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Defendant Cindy Quinteros (“Defendant”) moves for entry of a stipulated judgment per the terms of the agreement that the parties entered at mediation. As part of the settlement, Manuel Jesus Contreras shall receive $30,000. Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered into a valid and binding settlement. To do so, the court may receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

In related case Sosa, et al., v. Cindy Quinteros, et al. (Super. Ct. L.A. County, 2018, No. 18STCV03216), the Court appointed Manuel Guillermo Contreras as the guardian ad litem for Manuel Jesus Contreras, based on the representation that Manuel Guillermo Contreras is the conservator of Manuel Jesus Contreras. If Manuel Jesus Contreras is a disabled adult, then the parties must file a petition for approval of the compromise of Manuel Jesus Contreras’s claim before the Court enters judgment. Accordingly, the motion is denied without prejudice.

CONCLUSION AND ORDER

Defendant’s motion for a stipulated judgment is denied without prejudice. Defendant shall provide notice and file proof of such with the Court.

DATED: January 22, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court