The Public Guardian and Trustee (PGT), as litigation guardian for the plaintiff, Ki Ho Kim, brought a motion for court approval of a $23,500 settlement in a slip and fall action.
Kim opposed the settlement and brought a cross-motion asserting he was no longer a party under disability and did not require a litigation guardian.
The court reviewed multiple capacity assessments, all of which concluded Kim was mentally incapable.
The court dismissed Kim's motion to set aside the prior order appointing the PGT as litigation guardian, citing lack of standing and *res judicata*.
The court approved the proposed settlement, finding it fair, reasonable, and in Kim's best interests, and ordered the distribution of funds.
