Case Number: BC582266??? Hearing Date: October 13, 2016??? Dept: 98
BOBBY DELONDI MARK NTOYA, a minor, by and through his Guardian ad Litem, NANCY HENDRIX NTOYA,
Plaintiff,
vs.
RICHARD KEITH DINSMOOR, et al.,
Defendants.
Case No.: BC582266
[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF MINORDept. 98
1:30 p.m.
October 13, 2016
On May 19, 2015, Plaintiff Bobby Delondi Mark Ntoya, a minor, by and through his Guardian ad Litem, Nancy Hendrix Ntoya (?Plaintiff?) filed this action against Defendants Richard Keith Dinsmoor and Kenneth Richard Dinsmoor (?Defendants?) for alleged damages arising out of a July 31, 2013 vehicle collision. Plaintiff has agreed to settle his claims with Defendants in the amount of $100,000.00. If approved, $11,500.00 of the settlement proceeds will be used for medical expenses, $25,000.00 for attorney?s fees, and $845.00 for other expenses, for a remaining balance of $62,655.00. Of the remaining balance, $50,000.00 will be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court, and $12,655.00 will be deposited in a Special Needs Trust (?SNT?).
Court approval is required for all settlements of a minor?s claim. Cal. Probate Code ?? 3500, 3600, et seq.; Cal. Code of Civ. Proc. ? 372. The Court finds the settlement and requested attorney?s fee to be fair and reasonable. The Court is inclined to grant the Petition, but notes the following defects in the [Proposed] Order on Petition for Authority to Create a Special Needs Trust: 1) paragraph 3 at pages 1-2 of the proposed order incorrectly indicates that Plaintiff is a female; and 2) paragraph 2 at page 19 should be clarified to specify that the SNT will be the payee of the annuity payments. Petitioner is directed to bring a revised [Proposed] Order to the hearing on the Petition.
Further, Petitioner is ordered to open a probate court proceeding within four weeks of this Order by filing a copy of the Order under a new probate case number, pursuant to L.A. Sup. Ct. Local Rule 4.118, using form PRO44. Petitioner is directed to submit proof to this Court of the opening of the probate matter. A status hearing re: the probate proceeding?s initiation is set for December 21, 2016 at 1:30 p.m. in Department 98.
Dated this 13th day of October, 2016
Hon. Holly J. Fujie
Judge of the Superior Court