Case Number: BC617896 Hearing Date: March 28, 2018 Dept: 92

JANE DOE,

Plaintiff(s),

vs.

AMALFI ASSETS, INC., ET AL.,

Defendant(s).

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CASE NO: BC617896

[TENTATIVE] ORDER DENYING PETITION TO APPROVE COMPROMISE

Dept. 92

1:30 p.m.

March 28, 2018

Plaintiff, Jane Doe, an incompetent adult, by and through her GAL, Amy Wissman, filed this action against Defendant, Amalfi Assets, Inc. for damages arising out of a sexual assault perpetrated on Plaintiff by one of Defendant’s employees.

At this time Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendant for the total amount of $1 million. The Court has reviewed the settlement and finds it is fair and reasonable.

The Court has a major concern, however, with the petition, and there denies the petition without prejudice. Petitioner seeks permission to deposit the proceeds of the settlement into a special needs trust for Plaintiff’s benefit. Petitioner seeks an order that the trust be created and administered in Ventura County.

The trial court, when considering a petition to approve a compromise involving a special needs trust, typically works closely with the probate department in creating and administering the trust. Specifically, the trial court determines that the settlement is fair and reasonable, but the probate court determines that the trust instrument is properly created and the administration of the trust will be permissible; the two do so in tandem, and the trial court does not typically approve the compromise unless and until the probate department determines that the trust itself is permissible. If the trust is created and administered in Ventura County, this will not be possible. The Court therefore denies the petition at this time. The ruling is without prejudice to Petitioner’s right to re-file the petition and have a special needs trust created in Los Angeles County, or to move for any other available relief to finalize the settlement.