Case Number: BC541013    Hearing Date: August 12, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

JOSEPH SULLIVAN, a minor by and through his Guardian ad Litem, KIMERLY SULLIVAN, et al.,

Plaintiff(s),
v.

BYRON STIER, et al.,

Defendant(s). Case No.: BC541013

Hearing Date: August 12, 2014

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM ON BEHALF OF A MINOR

The Petition by Kimberly Sullivan to Approve Compromise of Disputed Claim on Behalf of Claimant Minor Joseph Sullivan is CONTINUED to allow submission of 1) proof of service of Petition on all parties; and 2) explanation of how the settlement funds will be handled.

I. BACKGROUND

Minor Plaintiff Joseph Sullivan was injured when another minor threw a glass bottle at his face. A Petition to approve settlement reached on behalf of Minor Plaintiff was filed on July 24, 2014. However, no proof of service of the Petition on all parties is provided, as required.

II. LEGAL STANDARD

Approval of Compromise

CRC Rule 7.950, et seq., governs the procedures for Court approval of a compromise of the claims of a minor or person with a disability under the Probate Code. The application must be verified and must contain a “full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition.” The Petitioner and the minor or person with a disability must appear at the hearing, unless the Court dispenses with personal appearance. It is the duty of the Court to assess such petitions, and the Court’s approval is necessary for distributions of settlement funds to a person with a disability to have legal effect. See Cal. Civil Code of Proc. § 372(a); Scruton v. Korean Air Lines Co., Ltd. (1995) 39 Cal.App.4th 1596, 1606.

III. SETTLEMENT/COMPROMISE

Petitioner Kimberly Sullivan, guardian ad litem for the minor, proposes that the following settlement with defendants be approved in favor of minor Joseph Sullivan, who is 10 years old.

Settlement: ……………………………………………. $18,000.00
Attorneys’ fees:……………………………………….. $4,500.00
Litigation costs:……………………………………….. $522.50
Medical Bills: ………………………………………….. $1,019.00

TOTAL TO BE PAID TO MINOR:…………………… $11,958.58

A. Type of injury, medical expenses

According to the Petition, Minor Plaintiff Joseph Sullivan suffered a fractured tooth when minor Defendant threw a glass bottle at his face. Minor Plaintiff received emergency dental treatment consisting of a Cvek Pulpotomy and placement of a temporary filing. Future dental treatment may include a root canal and a crown. However, the placement of a crown cannot be performed until Plaintiff reaches the age of 18 years and, if so, it will have to be replaced periodically during Plaintiff’s lifetime. Petition, ¶¶ 6-8. Medical records are provided as Attachment 9 to the Petition.

B. Handling of funds

Petitioner states that there is a guardianship of the estate of the minor filed in the instant action, into which the funds will be deposited. Petition, ¶ 19a(1). However, there is no evidence of such a guardianship of Minor Plaintiff’s estate in this action. Petitioner must clarify what will happen to the settlement funds for approval.

Petitioner Sullivan is ordered to give notice.

DATED: August 12, 2014

_________________________
Hon. Gail Ruderman Feuer
Judge, Los Angeles Superior Court