Case Number: BC623276 Hearing Date: April 02, 2018 Dept: 92

ALBERT MIRANDA, ET AL.,

Plaintiff(s),

vs.

JOAQUIN RAMOS, ET AL.,

Defendant(s).

Case No.: BC623276

[TENTATIVE] ORDER GRANTING PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR WITHOUT NEED FOR APPEARANCE

Dept. 92

1:30 p.m.

April 2, 2018

1. Prior Hearing

The Court originally heard Petitioner’s petition to approve minor’s compromise on 2/16/18. Prior to the hearing, the Court issued the following tentative ruling:

Plaintiffs, Albert Miranda, a minor by and through his GAL, Maria Cabrera, as well as Albert’s adult sister, Lucia Miranda filed this action against Defendants, Joaquin and Silvia Ramos for damages arising out of a dog bite incident. The minor plaintiff suffered lacerations and scratches, some of which required stitches, as a result of the incident, but has completely recovered from his injuries at this time.

Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $24,000. If approved, $5138.93 will be used for medical bills, $6000 for attorneys’ fees, and $1199 for costs of suit. Petitioner proposes to place the net settlement amount of $11,662.07 in a blocked account.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, in that they amount to less than 25% of the total settlement. The Court, however, cannot locate a proof of service of the petition on Defendant. Additionally, the Court cannot locate a proposed order to place the settlement funds in a blocked account or a proposed order to approve the compromise. The Court will require each of these documents at the time of the hearing in order to grant the motion. If the documents are not provided, the petition will be denied without prejudice.

Additionally, per CRC 7.952, Petitioner and Plaintiff must appear at the hearing unless the Court finds good cause to excuse their appearance. Plaintiff is fourteen years old, and the Court will therefore require his appearance and testimony in order to grant the petition. If the Court is satisfied with Plaintiff’s and Petitioner’s testimony at the hearing, and if the above-discussed documents are provided, the petition will be granted.

Plaintiff and Petitioner appeared at the hearing on 2/16/18 and testified to the satisfaction of the Court. The Court continued the hearing, however, to require Petitioner to file proof of service of the petition on Defendant.

2. Ruling

Petitioner has filed proof of service of the petition on Defendant, and has also filed proof of service of a notice of further continuance of the hearing on the petition on Defendant; the petition is therefore granted. No further appearance by Plaintiff or Petitioner is necessary.