United States District Court, S.D. California
NADIA GARCIA, individually and as successor in interest to THOMAS GARCIA VALENZUELA; and NADIA GARCIA as Guardian Ad Litem for E.G.; K.G.; and R.A., Minors, Plaintiff,
ORMAT TECHNOLOGIES, INC., a Delaware corporation; ORMAT NEVADA, INC., a Delaware corporation; ORMESA, LLC, a Delaware limited liability company; and DOES 1 through 20, Inclusive, Defendants.
ORDER GRANTING MOTION FOR SETTLEMENT [DOC.
ANDREW G. SCHOPLER UNITED STATES MAGISTRATE JUDGE.
Garcia, plaintiff and guardian ad litem for the
three minor plaintiffs, seeks an order-jointly with
defendants-approving a proposed settlement of the minor
plaintiffs' claims. Because the settlement serves the
best interest of the minors, that motion is granted.
suit arises from a workplace accident, in which Thomas Garcia
fell into an exposed pipe and died. His three children-and
the three minor plaintiffs in this wrongful death lawsuit-are
(1) E.G., born in 2015; (2) K.G., born in 2012; and (3) R.A.,
born in 2009.
plaintiffs seek to settle or compromise this suit for the
total sum of $6, 000, 000 as a full satisfaction of this
action. The parties propose that the settlement proceeds be
split equally between surviving spouse and minors (50% to
Nadia Garcia and 50% to her three children). The parties'
seek a determination that this settlement is a fair and
reasonable settlement of the action and is in the best
interests of the minors. Also, the petition seeks an order
authorizing payment of attorneys' fees to plaintiffs'
counsel in the amount of 1/3 of the gross recovery received
by the minors. This payment of attorneys' fees would be
made pursuant to the fee agreement under which the attorneys
undertook representation of plaintiffs.
requested attorneys' fees and reimbursement of litigation
costs are granted, the minors will receive the total sum of
$1, 993, 098.65. After this amount is divided in equal
shares, each child will receive the sum of $664, 366.22. The
petition proposes that the $664, 366.22 for each child will
be invested in a single premium deferred annuity with a
payment schedule that provides for the following guaranteed
lump sum payments:
1. $50, 000 guaranteed lump sum payable at age 18;
2. 12 semi-annual payments of $30, 000 each from age 19-25
totaling $360, 000;
3. $600, 000 guaranteed lump sum payable at age 25;
4. $560, 000 guaranteed lump sum payable at age 30.
5. Total Guaranteed Payments to E.G.: $1, 570, 000
1. $50, 000 guaranteed lump sum payable at ...