Konen v. Caldeira
- Edward Davila
- 5:22-cv-05195
- U.S. District Court · Northern District of California
- 3
In Konen v. Caldeira, Judge Davila approved a minor’s $48,000 settlement share and ordered the parties to file a stipulated dismissal.
The order affected minor plaintiff A.G., her mother Jessica Konen, her guardian ad litem Scott Gerald Konen, and the defendant school district, teachers, and principal by approving their settlement and directing a stipulated dismissal.
What happened
In Konen v. Caldeira, Jessica Konen and her minor child, A.G., sued a school district, teachers, and a principal over several civil-rights and other claims. The parties later reached a settlement.
The settlement totaled $100,000: $4,000 for Medi-Cal liens, $48,000 for Jessica Konen, and $48,000 for A.G. The minor’s share was to be held in a bank account requiring signatures from A.G. and her guardian ad litem, Scott Gerald Konen, until A.G. reached adulthood. No settlement funds were allocated to attorneys’ fees.
Judge Edward J. Davila found the settlement reasonable and in the best interests of the parties. He granted the motion to approve the minor’s compromise, ordered the parties to file a stipulated dismissal, and vacated the scheduled hearing.
The detailed version
- Konen v. Caldeira · No. 5:22-cv-05195
- Edward Davila
- July 17, 2023
Background
Jessica Konen and her minor child, A.G., through A.G.’s court-appointed guardian ad litem, Scott Gerald Konen, sued the Spreckels Union School District, A.G.’s teachers, and the principal. The complaint asserted claims involving parental due-process rights under 42 U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 1985(3), intentional infliction of emotional distress, negligence, negligence per se, the Bane Act, and civil conspiracy.
During a settlement conference, the parties reached an agreement and fully executed a written settlement agreement on June 16, 2023. The plaintiffs then filed an unopposed motion asking the court to approve the settlement of A.G.’s claims.
Legal standard
Under Federal Rule of Civil Procedure 17(c), a court has a special duty to protect minors who are involved in a case. For a proposed settlement involving a minor’s federal claims, the court must independently review whether the minor’s net recovery is fair and reasonable in light of the facts, the minor’s specific claim, and recoveries in similar cases.
Court’s analysis
The total settlement was $100,000. The agreement allocated $4,000 to satisfy any Medi-Cal liens, $48,000 to Jessica Konen, and $48,000 to Scott Konen as guardian ad litem for A.G. A.G.’s share was to be placed in a bank account accessible only with the signatures of A.G. and Scott Gerald Konen until A.G. reached the age of majority. The agreement provided that no settlement funds would pay attorneys’ fees.
After reviewing the motion, supporting materials, and settlement terms, the court found the settlement reasonable and in the best interests of all parties.
Disposition
The court GRANTED the Motion for Approval of Minor’s Compromise. It directed the parties to promptly file a stipulated dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court also vacated the Order to Show Cause hearing scheduled for July 20, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.