Raul Mezacambron, Sr. et al. v. Caleb Young Joon Cho

Case Number

22CV02653

Case Type

Hearing Date / Time

Wed, 01/22/2025 - 10:00

Nature of Proceedings

Minor's Compromise

Tentative Ruling

For Plaintiffs Raul Mezacambron, Sr. and Raul Mezacambron, Jr.: Bradford D. Brown

For Defendant Caleb Young Joon Choe: Colette M. Asel, Mark R. Weiner & Associates

RULING

For all reasons stated herein, the petition for approval of compromise of claim of Raul Mezacambron, Jr. is granted. The court will sign the proposed order approving the compromise of the claim, as well as the order to deposit funds in blocked account.

Background

This action commenced on July 12, 2022, by the filing of the complaint by Plaintiffs Raul Mezacambron, Sr. (“Senior”) individually and as guardian ad litem for Raul Mezacambron, Jr. (“Junior”) (collectively “Plaintiffs”), against Defendant Caleb Young Joon Choe (“Defendant”) for negligence related to a car accident.

Senior was appointed guardian ad litem for Junior on July 26, 2022.

By way of the complaint, Plaintiffs allege that on May 4, 2021, Defendant negligently operated his automobile resulting in a collision with Plaintiffs’ vehicle near the intersection of West Mission Street and Castillo Street in Santa Barbara, causing injuries to Plaintiffs.

Defendant filed his answer to the complaint on October 17, 2022, setting forth a general denial and asserting seven affirmative defenses.

Junior, through his guardian ad litem, now petitions for approval of compromise of his claims.

There is no opposition to the petition.

Analysis

“The requirements that a guardian ad litem be appointed and that the proposed compromise of a minor’s claim be approved by the trial court exist to protect the best interests of the minor.” (Pearson v. Superior Court (2012) 202 Cal.App.4^th 1333, 1338.)

“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.)

Plaintiff has submitted to following information, on the required judicial council form MC-350 (Petition):

Junior is 13 years old with a birthdate of August 4, 2011. (Petition, ¶ 2.)

On May 4, 2021, Junior was a front seat passenger of a truck being driven by his father, Senior, in a westbound direction on West Mission Street, and a vehicle being driven by Defendant suddenly turned left into the path of Plaintiffs’ vehicle, causing a collision. (Petition, ¶¶ 4, 5.)

As a result of the collision, Junior suffered abdominal and chest wall bruising from his seatbelt. (Petition, ¶ 6.)

Junior was transported from the scene of the accident by American Medical Response to Cottage Hospital where he received ultrasound of his abdominal cavity that was negative for free fluid. X-rays of Junior’s chest and pelvis were normal. He was admitted for one night for observation and then released. (Petition, ¶ 7.)

Junior has recovered completely from the effects of the injuries, and there are no permanent injuries. (Petition, ¶ 8 & attached medical records.)

The terms of the settlement are that Defendant will pay $62,500.00 in settlement of Junior’s claim. (Petition, ¶ 10.)

Junior’s medical expenses to be paid or reimbursed from the proceeds after deductions totals $1,321.48. (Petition, ¶ 12 (a).)

Junior’s attorneys request that the court approve $20,831.25 from Junior’s settlement as attorney fees and $2,592.76 in incurred costs. (Petition, ¶ 13.)

The net balance of settlement proceeds to be paid to Junior totals $37,754.51. (Petition, ¶ 15.)

Junior’s attorneys provide all the information about themselves that is required by California Rules of Court, rule 7.951. (Petition, ¶ 17.)

Junior, through his guardian ad litem, requests that the balance of the settlement, after the above disbursements, be deposited in a blocked insured account with US Bank, located at 20 East Carrillo Street, Santa Barbara, CA 93101. (Petition, ¶ 18, subd. (b) & attachment 18(b)2.)

The court has reviewed all information provided and the attachments to the petition, and finds, given all of the circumstances, that the settlement is reasonable and in the best interests of Junior.

The court has reviewed the proposed orders submitted by Plaintiffs and finds them acceptable. The court intends on signing the proposed orders.