Brian Willis et al vs California Highway Patrol et al

Case Number

20CV01536

Case Type

Hearing Date / Time

Fri, 01/26/2024 - 10:00

Nature of Proceedings

(2) Minor's Compromise

Tentative Ruling

For all reasons discussed herein, both petitions for approval of compromise of claims for minor plaintiffs, Enzo and Mia Willis, are approved. The court will execute the submitted proposed orders.

Background:

The operative pleading in this matter is the first amended complaint (“FAC”) filed on October 28, 2022, by plaintiffs Brian Willis, Maeve Willis, and minors Enzo Willis and Mia Willis by and through their guardian ad litem. [Note: Due to the common surname of all plaintiffs, they will be referred to by their given names. No disrespect is intended.] As alleged in the FAC, on May 1, 2018, plaintiffs were stopped in their vehicle on U.S. Highway 101 at the Nojoqui grade in the County of Santa Barbara when a vehicle driven by defendant Felipe Hernandez (“Hernandez”), who is an employee of defendant the California Highway Patrol (“CHP”), struck plaintiffs’ vehicle. (FAC, ¶ 13.) The collision injured plaintiffs and caused “great emotional disturbance and shock and injury to their nervous systems” which has caused plaintiffs physical and mental pain and suffering. (Id. at ¶ 22.) Plaintiffs also suffered “numerous internal injuries, brain injuries, broken bones, severe fright, shock, pain, discomfort, and anxiety.” (Id. at ¶¶ 14, 23.)

On November 22, 2023, plaintiffs filed a conditional notice of settlement of entire case. Plaintiffs now petition for an order approving the compromise of Enzo’s and Mia’s actions.

The petition is not opposed.

Analysis:

“While the guardian ad litem has the power to assent to procedural steps that will facilitate a determination of the ward’s case [citation], the guardian ad litem’s authority is that of “ ‘ “an agent with limited powers.” ’ [Citation.]” [Citation.] For example, when a guardian ad litem believes that settling a case is in the ward’s best interests, that decision requires court approval. (Code Civ. Proc., 372.) The court has a duty to ensure that the ward’s rights are protected by the guardian ad litem.” (McClintock v. West (2013) 219 Cal.App.4^th 540, 549.)

“A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor’s disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).” (Cal. Rules of Court, rule 7.950.)

“If the petitioner has been represented or assisted by an attorney in preparing the petition for approval of the compromise of the claim or in any other respect with regard to the claim, the petition must disclose the following information:

“(1) The name, state bar number, law firm, if any, and business address of the attorney;

“(2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party’s insurance carrier;

“(3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter;

“(4) Whether the attorney has received any attorney’s fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation;

“(5) If the attorney has not received any attorney’s fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and

“(6) The terms of any agreement between the petitioner and the attorney.” (Cal. Rules of Court, rule 7.951.)

            Enzo Willis

The petition alleges that Enzo was born on May 3, 2013, and is 9 years old. (Petition, ¶ 2.)

On May 1, 2018, Enzo was involved in a motor vehicle accident on Highway-101 near the southbound exit to Highway-1 in Santa Barbara, when Hernandez was engaged in a high-speed pursuit. Enzo had symptoms of neck soreness, abrasions to neck and chin, and post-traumatic stress disorder. (Petition, ¶¶ 5, 6.)

As a result of his injuries, Enzo received the following care: “Emergency room evaluation and radiology at Cottage Hospital, follow up care at Sansum Clinic, chiropractic care with Neary Chiropractic, counseling with Hopi Hall, LMFT, neuropsychologist evaluation and treatment with Emily B. Fine, Ph.D., and counseling and EMDR therapy with Elizabeth Pulliam, LMFT.” (Petition, ¶ 7.) Plaintiff has recovered completely from the effects of his injuries and has no permanent injuries. (Petition, ¶ 8, subd. (a).)

CHP has offered settlement of Enzo’s claims in the amount of $100,000.00 (Petition, ¶ 10.) CHP has also offered to pay $100,000.00 to Mia, $250,000.00 to Brian, and $3,050,000.00 to Maeve for claims arising out of the same incident. (Petition, ¶ 11, subd. (b).)

Enzo’s total medical expenses before any reductions is $33,113.27, medical expenses paid total $24,171.79, total reductions are $3,211.48, and total medical expenses to be paid from the settlement proceeds is $14,764.92. (Petition, ¶ 12, subd. (a).)

Enzo is requesting approval for payment of $25,000.00 in attorney fees and $8,850.00 in costs. (Petition, ¶ 13.)

The net balance of proceeds for Enzo is $45,655.08. (Petition, ¶ 15.) There is no guardianship or conservatorship of the estate and Enzo requests that the entirety of the proceeds be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. (Petition, ¶ 18, subd. (b) (3).)

The proposed annuity is through Pacific Life & Annuity Services, Inc. and provides for the following periodic payment schedule:

1. $17,552.07 payable annually, beginning July 1, 2031, for 4 years certain only, with a last guaranteed payment due July 1, 2034. (Proposed Order, attachment 13.)

Enzo has supported his petition with medical documentation, showing that his injuries have resolved, and has provided all the information required by the California Rules of Court. The court has thoroughly reviewed all the information provided and finds that the settlement is reasonable and in Enzo’s best interests. As such, the petition will be granted. The court finds the proposed order acceptable and intends on executing the same.

Mia Willis

The petition alleges that Mia was born on December 11, 2016, and is 7 years old. (Petition, ¶ 2.)

On May 1, 2018, Mia was involved in a motor vehicle accident on Highway-101 near the southbound exit to Highway-1 in Santa Barbara, when Hernandez was engaged in a high-speed pursuit. Mia had symptoms of neck abrasions, vomiting, bleeding from her mouth, back pain, emotional distress, and separation anxiety. (Petition, ¶¶ 5, 6.)

As a result of her injuries, Mia received the following care: “Emergency room evaluation and radiology at Cottage Hospital, follow up care at Sansum Clinic, and chiropractic care with Neary Chiropractic.” (Petition, ¶ 7.) Plaintiff has recovered completely from the effects of her injuries and has no permanent injuries. (Petition, ¶ 8, subd. (a).)

CHP has offered settlement of Mia’s claims in the amount of $100,000.00 (Petition, ¶ 10.) CHP has also offered to pay $100,000.00 to Enzo, $250,000.00 to Brian, and $3,050,000.00 to Maeve for claims arising out of the same incident. (Petition, ¶ 11, subd. (b).)

Mia’s total medical expenses before any reductions is $38,884.59, medical expenses paid total $29,879.82, total reductions are $5,179.77, and total medical expenses to be paid from the settlement proceeds is $3,825.00. (Petition, ¶ 12, subd. (a).)

Mia is requesting approval for payment of $25,000.00 in attorney fees and $0 in costs. (Petition, ¶ 13.)

The net balance of proceeds for Mia is $41,712.18. (Petition, ¶ 15.) There is no guardianship or conservatorship of the estate and Mia requests that the entirety of the proceeds be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. (Petition, ¶ 18, subd. (b) (3).)

The proposed annuity is through Pacific Life & Annuity Services, Inc. and provides for the following periodic payment schedule:

1. $19,831.75 payable annually, beginning July 1, 2035, for 4 years certain only, with the last guaranteed payment due July 1, 2038. (Proposed Order, attachment 13.)

Mia has supported her petition with medical documentation, showing that her injuries have resolved, and has provided all the information required by the California Rules of Court. The court has thoroughly reviewed all the information provided and finds that the settlement is reasonable and in Mia’s best interests. As such, the petition will be granted. The court finds the proposed order acceptable and intends on executing the same.