Tentative ruling issued by Judge Timothy Staffel on Oct. 28, 2020 in Santa Barbara County, CA - Case no: xxxxx336

Case Name:   Matter of Serafin Garcia Olvera, Jr

Case No.:   (Subscribe to View)

On October 28, 2020, Judge Timothy Staffel of Santa Barbara County Superior Court, Department 3 SM-Cook, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Santa Barbara County, California. Hearing Date 10.28.2020.

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Nature of Proceedings: Minor’s Compromise

Appearances required, including the minor. (CRC 7.952.)

The following must be submitted before petition may be approved:

1) Adequate documentation that the minor has fully recovered, or is expected to fully recover from his injuries. The attachments supporting the allegation at paragraph 9 of the petition do not support a finding that the minor will fully recover. In fact, the last medical record shows an expected follow up to review the healing progression of the injury.

2) Adequate evidence 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.

3) New proposal for structured settlement. The proposal includes a payout date far past the minor’s 18th birthday. This Court arguably does not have jurisdiction to make any order for payme….....

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