Case Number: BC574099??? Hearing Date: October 17, 2016??? Dept: 98
ANA MARIA BALDWIN, a minor, by and through her Guardian ad Litem, MARIA CASIANO,
Plaintiff,
vs.
LOS ANGELES UNIFIED SCHOOL DISTRICT EDUCATION FOUNDATION, INC., et al.,
Defendants.
Case No.: BC574099
[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF MINORDept. 98
1:30 p.m.
October 17, 2016
On March 2, 2015, Plaintiff Ana Maria Baldwin, a minor, by and through her Guardian ad Litem, Maria Casiano (?Plaintiff?) filed this action against Defendant Los Angeles Unified School District Education Foundation, Inc. (?Defendant?) for alleged damages arising out of a slip and fall. Plaintiff has agreed to settle her claims with Defendant in the amount of $19,000.00. If approved, $522.86 of the settlement proceeds will be used for medical expenses, $4,750.00 for attorney?s fees, and $1,171.50 for other expenses, for a remaining balance of $12,556.64. Petitioner Maria Casiano (?Petitioner?) requests that $1,749.49 of the remaining balance be paid out to her and that $10,806.15 be deposited in an insured account, subject to withdrawal only upon authorization of the court.
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.
Petitioner requests $1,749.49 for the purchase of a laptop computer and internet service. Petitioner states that Plaintiff currently receives homework assignments which require a computer and that she only has access to a computer at the public library. Petitioner further states that she is unable to purchase the laptop and internet service with her own money. The requested amount reflects estimates Petitioner has received for a laptop and monthly internet service. The Court finds that use of the requested $1,749.49 for the laptop and internet service is in the best interest of Plaintiff.
Per California Rules of Court, Rule 7.952, Petitioner and Plaintiff must appear at the hearing, unless the Court finds good cause to excuse their appearance. The Court notes that Plaintiff is fourteen (14) years of age and therefore excuses her appearance at the hearing.
In light of the foregoing, the Petition is GRANTED on the condition that Petitioner appear at the hearing.
Dated this 17th day of October, 2016
Hon. Holly J. Fujie
Judge of the Superior Court