Petition to Approve Compromise of Minor (Judge Michelle Williams Court)

Case Number: BC547424??? Hearing Date: October 21, 2016??? Dept: 92

M.G.,
Plaintiff(s),

vs.

LAUSD, et al.,
Defendant(s).

Case No.: BC547424

[TENTATIVE] ORDER CONDITIONALLY APPROVING PETITION TO APPROVE COMPROMISE OF MINOR
Dept. 92

Plaintiff, Moises Garduno (named as M.G. in the complaint, but referred to be name in the petition), a minor by and through his GAL, Silvia Avelino filed this action against Defendants, Los Angeles Unified School District, Robert Patynik, and Todd Jonathan Myers for damages arising out of an alleged sexual contact that was made during school hours.

At this time Plaintiff, by and through his GAL and attorney of record, has agreed to settle all claims against Defendants for the total amount of $35,000. If the settlement is approved, $8750 will be used for attorneys? fees and $744 for costs of suit, with the net balance of $25,506.00 being used to purchase a single-premium deferred annuity.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court has also reviewed the request for attorneys? fees, which is in the amount of 25% of the total settlement, and is also fair and reasonable.

The Court notes that a prior petition included a request that the net balance of the settlement be placed in a special needs trust. The current petition no longer so requests, and Petitioner explains that placing the funds in a single-premium deferred annuity will allow the minor to continue to receive government benefits and will result in a greater net benefit to the minor. The Court is satisfied with this explanation for the change in disposition of the settlement proceeds and will approve the petition at this time.

Per CRC 7.952, Petitioner and Plaintiff must appear at the hearing on the petition unless the Court finds good cause to excuse their appearance. The Court finds that the minor plaintiff has autism, and will therefore excuse his appearance at the hearing. The Court will, however, require Petitioner to appear and testify to the satisfaction of the Court prior to granting the petition.