Matter of Brittany Castillo
Matter of Brittany Castillo
Case Number
23PR00402
Case Type
Hearing Date / Time
Tue, 09/19/2023 - 09:00
Nature of Proceedings
Minor's Compromise
Tentative Ruling
Probate Notes:
Appearances required, including the minor.
The following issues must be resolved:
Proof of Recovery or Prognosis, and Cost Estimate. Adequate documentation must be submitted that shows the minor has fully recovered, or is expected to fully recover from the injuries. The attachments supporting the allegation at paragraph 9 of the petition do not support a finding that the minor will fully recover. Please note: It is insufficient to attach the initial medical records. The Court needs confirmation of a full recovery, thus current, recent records showing minor suffers no symptoms from the original injury are required. If minor has not fully recovered, a prognosis from a medical provider as to the expected time to recover is required, and a cost estimate of care over the minor’s lifetime should be submitted to determine whether the settlement was adequate.
Investigation of Defendant’s Solvency. Adequate evidence must be submitted that shows sufficient investigation into the solvency of the settling defendant above the policy limits of the settling insurance company. There are no facts alleged that defendant cannot meet a judgment past the policy limits, and evidence on file shows the injury may is more severe than the amount for which the settlement will compensate. This requires an asset search that reveals defendant(s) have no equity in any asset available to them/owned by them.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 160 543 3416
Passcode: 5053334