Judge: Anne Hwang, Case: 20STCV07830, Date: 2024-07-30 Tentative Ruling

Case Number: 20STCV07830    Hearing Date: July 30, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor, filed on by Petitioner Patricia Reyes-Uribe (Petitioner) on behalf of Claimant Eligh Molina, age 8. The Court denies the petition without prejudice for the following reasons.

Petitioner states that Claimant was involved in a motor vehicle accident when he was two years old. The medical records in attachment 8 show that Claimant was taken to the emergency department on the date of the accident. The records show Claimant had a lip contusion and was instructed to follow-up with a primary care physician in 1-2 days. (Petition, pdf., p. 23.) There are no records of a follow-up examination. Nevertheless, Petitioner asserts Claimant is recovered. However, given the type of incident, the Court requires a more recent medical record/report verifying Claimant’s current condition, or other evidence that claimant is fully recovered.  

Petitioner must provide attachment 11b(6), describing the reasons for varying settlements of Claimant and the other plaintiffs. 

Attachment 12b(4)(c) must include the most recent DHCS letter showing the $49.60 lien amount.

Since it appears Petitioner’s attorney is representing other parties in this case besides Claimant, the response in item 17e must be changed and applicable attachment must be provided.

In MC-351, Petitioner should include the information from attachment18b(5) in item 8b(2).

Accordingly, the Court denies the petition without prejudice.

Petitioner shall give notice and file a proof of service of such.