Case Number: 19AVCV00742 Hearing Date: December 10, 2019 Dept: A15

Moreales v SoCal Regional Rail Authority

I. Tentative Ruling

Petitioner/Plaintiff Raquel Nancy Morales’s petitions for approval of minor’s compromises on behalf of Plaintiffs Elvia Clara Sanchez, Xavier Rafael Fernandez, Amaris Jade Sanchez, and Caden Ezekiel Sanchez are GRANTED. Petitioner to give notice.

II. Background

This personal injury action arises from an automotive accident that occurred on or about July 01, 2018, whereby Defendant James Barnett, an employee of Defendant Southern California Regional Rail Authority (“Metrolink”), pulled out from a side street in the path of the now deceased Issac Sanchez (“Issac”) near the intersection of Pearblossom Highway and Small Road in the City of Palmdale, California and causing fatal injuries to Issac.

Plaintiffs Raquel Nancy Morales (“Morales”), the surviving spouse of Issac, and Elvia Clara Sanchez (“Elvia”), Amaris Jade Sanchez (“Amaris”), Caden Ezekiel Sanchez (“Caden”), and Xavier Rafael Fernandez (“Fernandez”), the surviving children of Issac, filed their Complaint in this action on October 04, 2019, alleging a single cause of action against the Defendants for Negligence/Wrongful Death.

On October 09, 2019, the Court granted Morales’s applications to be appointed as guardian ad litem for Elvia, Amaris, Caden, and Fernandez.

On November 27, 2019, Morales filed the instant four petitions for approval of minor’s compromises on the behalf of Elvia, Amaris, Caden, and Fernandez.

III. Analysis

a. Petition to Confirm Minor’s Compromise

An enforceable settlement of a minor’s claim or that of a person lacking the capacity to make decisions can only be consummated with court approval. (Prob. Code., §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Sup.Ct. (2012) 202 Cal.App.4th 1333, 1337.)

“[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests…[I]ts primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.” (Goldberg v. Sup. Ct. (1994) 23 Cal.App.4th 1378, 1382.)

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, rules 7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant. (Cal. Rules of Court, rule 7.950.) The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.)

An order for deposit of funds of a minor or person lacking decision making capacity and a petition for the withdrawal of such funds must comply with California Rules of Court, rules 7.953 and 7.954. (Cal. Rules of Court 3.1384; see also Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.)

b. Application

Elvia, Amaris, Caden, and Fernandez have agreed to settle their claims with Metrolink, with each to receive $125,000.00. Morales will receive a settlement in the amount of $500,000.00 from Metrolink.

Because Plaintiffs have brought this action as the survivors in interest for the alleged wrongful death of Issac, they themselves have not incurred any medical expenses which need to be accounted for in the petition. Each of the minor plaintiffs have incurred $2,182.41 in costs, as well as attorney’s fees in the amount of $32,250.00, which represents 25% of their settlement in accordance with the contingency fee agreement contained in attachment 18a in support of the petitions.

Elvia, Amaris, Caden, and Fernandez will each receive net balance proceeds in the amount of $91,567.59, which are to be deposited in a single-premium deferred annuity with Pacific Life & Annuity Services, Inc., as detailed in attachment 19b(3). Petitioner has additionally requested that the Court order that the Court order that the insurance company execute the Qualified Assignment, Release, and Settlement Agreement.

The petitions appear to contain all of the necessary information on the required forms. Moreover, the proposed settlements appear to be reasonable and in the best interests of Elvia, Amaris, Caden, and Fernandez.

IV. Conclusion

Accordingly, Petitioner Morales’s petitions for approval of minor’s compromise are GRANTED as to each Elvia, Amaris, Caden, and Fernandez. Furthermore, the Court finds that good cause exists not to require appearances at hearing.

Clerk to give notice.