Case Number: 23AHCV00586 Hearing Date: July 19, 2023 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – NORTHEAST DISTRICT
| DAMON PALLAIS,
Plaintiff(s), vs.
DEKAVEN ASHLEY,
Defendant(s). |
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CASE NO.: 23AHCV00586
[TENTATIVE] ORDER RE: PETITION TO CONFIRM MINOR’S COMPROMISE
Dept. 3 8:30 a.m. July 19, 2023 |
Claimant Damon Pallais (“Claimant”), a minor, by and through their Guardian Ad Litem, Deysi Rivas (“Petitioner”), has agreed to settle their claims against Defendant Dekaven Ashley in exchange for $30,000. According to the petition, $4,278.17 will be used for medical expenses, $7,500 will be used for attorney’s fees, and $952.97 will be used for non-medical expenses, leaving a balance of $17,268.86 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.
Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The petition cannot be approved at this time. First, there is no proposed order approving the petition on Form MC-351. Second, the costs listed in Item 13b on the petition are overstated by $435 because there is no filing fee for this petition. (Gov. Code, § 70617, subd. (b)(13).) Third, the proposed order to deposit funds in blocked account should identify Petitioner as Claimant’s parent in Items 1 and 3.
Accordingly, the petition is DENIED without prejudice.
Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance. The Court finds that neither Petitioner nor Claimant need to appear, but will require an appearance by Petitioner’s counsel.
Moving party to give notice.
Dated this 19th day of July 2023
| William A. Crowfoot
Judge of the Superior Court |