Case Number: BC526911??? Hearing Date: July 22, 2016??? Dept: 92
MESHACH BETTS, et al.,
LAUSD, et al.,
Case No.: BC526911
[TENTATIVE] ORDER CONDITIONALLY GRANTING PETITION FOR MINOR?S COMPROMISE
Plaintiff, Meshach Betts, a minor by and through his GAL, Nicole Brown, filed this action against Defendant, LAUSD for damages arising out of an incident that occurred at school. Betts?s teacher took off his glasses and slapped him across the face. He received psychiatric counseling as a result of the incident, but has recovered completely from his injuries. Betts?s parents are also plaintiffs in the suit, and they have claims for IIED and NIED.
Plaintiffs have reached a global settlement with Defendant in the amount of $25,000. Defendant has indicated it is not concerned with the manner in which Plaintiffs apportion the settlement. Plaintiffs have agreed that $15,000 of the settlement will be apportioned to the minor plaintiff and the remaining $10,000 of the settlement will be apportioned to his mother, Nicole Brown.
On 6/24/16, the Court denied the petition without prejudice due to failure to timely file proof of service of the petition on Defendant. On 6/30/16, Petitioner filed proof of service of the amended petition on Defendant. The service defect has therefore been cured.
The petition has been heard three times previously, but Petitioner has not yet appeared and testified in connection with the petition. Per CRC 7.952, Petitioner and Plaintiff must appear and testify unless the Court excuses the requirement for good cause shown. The Court waives Plaintiff?s obligation to appear, as he is only eight years old and not sophisticated enough to understand the ramifications of the proceedings. The motion will be granted if Petitioner appears at the hearing and testifies to the satisfaction of the Court.