Case Number: GC049430    Hearing Date: August 12, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

HEIDI BOLTE, et al.,

Plaintiff(s),
v.

LANDSCAPE STRUCTURES, INC., et al.,

Defendant(s). Case No.: GC049430

Hearing Date: August 12, 2014

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

For the reasons set forth below, the Petition by Heidi Bolte to Approve Compromise of Disputed Claim on Behalf of Claimant Minor Lauren Bolte is CONTINUED to allow submission of 1) complete proof of service of Petition on all parties; and 2) complete medical records.

I. BACKGROUND

Minor Plaintiff Lauren Bolte was injured on playground equipment in a public park in Pasadena, which she alleges was in a dangerous configuration. Guardian ad Litem Heide Bolte filed a Petition to approve a settlement reached on behalf of Minor Plaintiff on July 15, 2014. However, the Petition fails to include a proof of service on all parties and does not contain complete medical records of the injuries.

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 seeks approval of a settlement on behalf of the 12 year old minor, Lauren Bolte, as follows:

Settlement: ……………………………………………. $10,000.00
Attorneys’ fees:……………………………………….. $0.00
Litigation costs:……………………………………….. $0.00
Medical Bills: ………………………………………….. $500.00

TOTAL TO BE PAID TO MINOR:…………………… $9,500.00

Type of injury, medical expenses

Minor Plaintiff Lauren Bolte was injured on playground equipment in a public park in Pasadena, which she alleges as in a dangerous configuration. She suffered an open fracture and laceration of the nose, which required surgery under general anesthesia (four sutures internally to repair muscle and seven sutures outside to repair skin). She had a large scar on her nose, bruising and on eyelids and around her eyes, facial swelling, frequent headaches, nasal congestion and post- nasal drip, night time snoring, vitreous floaters in eyes due to head injury, and a risk of retinal detachment and blindness. Minor Plaintiff received emergency room care and treatment at Huntington Memorial Hospital (“HMH”) for head injuries and nasal fracture, reconstructive/plastic surgery, post-surgery follow-up and requires annual ophthalmology examinations with screening for retinal detachment. Petition, ¶¶ 6-8.

While the Petition describes extensive injuries, the only medical record that is attached is a single page report from Peter Ho Win, M.D., an eye doctor. There are no records documenting Minor Plaintiff’s initial treatment, surgery or follow-up care. Petition, Attachment 9.

Petitioner Bolte is ordered to give notice.

DATED: August 12, 2014

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