Case Number: GC050535    Hearing Date: August 12, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

MICHAEL LOPEZ, a minor by and through her Guardian ad Litem, JULIE CUELLAR,

Plaintiff(s),
v.

PASADENA UNIFIED SCHOOL DISTRICT, et al.,

Defendant(s). Case No.: GC050535

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 Julie Cuellar to Approve Compromise of Disputed Claim on Behalf of Claimant Minor Michael Lopez is CONTINUED to allow submission of 1) proof of service of Petition on all parties; 2) Proposed Order on Form MC-351; 3) Order to Deposit Money into Blocked Account on Form MC-355; and 4) modification of the Order to show that the full $14,568.00 be placed in a blocked account or to provide legally sufficient justification for why a portion should be paid directly to Julie Cuellar.

I. BACKGROUND

On July 9, 2014, Petitioner Julie Cuellar, parent and guardian ad litem of the Minor, filed a Petition to approve a settlement in the amount of $25,000 reached on behalf of the minor Michael Lopez. The Petition states that the minor, who is disabled, was negligently restrained by his special education teacher, Valentin Sanchez, on the classroom carpet, causing him to sustain rug burns to his forehead and face, bruising on his back, and pain all over his body. As a result, he also suffered from anxiety, fear of authority, and other emotional/behavioral problems. Minor Plaintiff was given a physical and mental health evaluation due to symptoms of anxiety disorder and hyperactivity. (Petition, ¶¶ 6-8.)

II. LEGAL STANDARD

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.” Further, notice of the petition must be given to all parties. The Petition does not contain a proof of service on defendants’ counsel.

III. SETTLEMENT AGREEMENT

The proposed distribution of the proceeds of the settlement is as follows:

Settlement: ……………………………………………. $25,000.00
Attorneys’ fees:……………………………………….. $8,332.50
Litigation costs:……………………………………….. $2,099.50
Medical Bills: ………………………………………….. $0.00
TOTAL TO BE PAID TO MINOR:…………………… $14,568.00
The Petition states that $14,568 will be placed in a blocked account (Petition ¶ 19.b(2)), although Petitioner has failed to file Form MC-355. However, the proposed order (not on form MC-351, as required), proposes that only $10,000 be placed in an insured account at Wells Fargo Bank, 2933 Los Feliz Blvd., Los Angeles, California 90039, subject to withdrawal only upon the authorization of the court, with the remaining $4,568 be paid to Petitioner “to care for his [minor’s] basic needs, including food, clothing, and shelter, as she is a single mother and in between jobs at the moment.” (Attachment 19(b)(2) to Petition.)

The petition offers no explanation why providing funds directly to Petitioner for Minor Plaintiff’s basic needs is an appropriate use of the settlement funds. The settlement funds are intended to compensate Minor Plaintiff for the injuries he suffered as a result of the incident involving his teacher and school.

IV. Conclusion:

For the foregoing reasons, the Court orders that the hearing on the Petition by Julie Cuellar to Approve Compromise of Disputed Claim on Behalf of Claimant Minor Michael Lopez be CONTINUED to allow submission of 1) proof of service of Petition on all parties; 2) Proposed Order on Form MC-351; 3) Order to Deposit Money into Blocked Account on Form MC-355; and 4) modification of the Order to show that the full $14,568.00 be placed in a blocked account or to provide legally sufficient justification for why a portion should be paid directly to Julie Cuellar.
Petitioner Cuellar is ordered to give notice.

DATED: August 12, 2014

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