Petition to Approve Compromise of Person with a Disability (Judge Holly Fujie)


Case Number: BC508893??? Hearing Date: May 11, 2016??? Dept: 98
ANTONIO SERNA, by and through his Guardian ad Litem, JOSE SERNA,
Plaintiff,
vs.

JOSEPH MICHAEL ZIZI,

Defendant.

CASE NO: BC508893

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF PERSON WITH A DISABILITY

Dept. 98
1:30 p.m.
May 11, 2016

Plaintiff Antonio Serna, by and through his Guardian ad Litem, Jose Serna (?Plaintiff?), filed this action against Defendant Joseph Michael Zizi (?Defendant?) for alleged damages arising out a December 14, 2011 vehicle accident. Plaintiff has agreed to settle his claim with Defendant for the total amount of $75,000.00. If approved, $7,528.49 will be used for medical expenses, $18,750.00 will be used for attorney?s fees, and $5,358.15 will be used for other expenses, with a remaining balance of $43,363.36. The balance will be deposited in an insured account, subject to withdrawal only upon the authorization of the court.

Court approval is required for all settlements of claims by a person with a disability. Cal. Probate Code ?? 3500, 3600, et seq.; Cal. Code of Civ. Proc. ? 372. The Court has reviewed the settlement and finds that it is fair and reasonable. The Court also finds the attorney?s fees to be fair and reasonable, in that they amount to 25% of the total settlement.

In light of the foregoing, the Petition is GRANTED.

Dated this 11th day of May, 2016

Hon. Holly J. Fujie
Judge of the Superior Court