Case Number: BC642197 Hearing Date: May 31, 2019 Dept: 4B
[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE
Claimant Andrew Aguirre (“Claimant”), a minor, by and through his Guardian Ad Litem, Arlene Aranda (“Petitioner”), has agreed to settle his claims against Defendant Tamara Elizabeth Citrowske in exchange for $49,000.00. If approved, $2,945.58 will be used for medical expenses, $12,250.00 will be used to pay attorney’s fees, and $250.00 will be used to pay non-medical expenses, leaving a balance of $33,554.42 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.
The Court sets an OSC for June 21, 2019 at 8:30 a.m. for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.
Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the May 31, 2019 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.
Moving party to give notice.