Judge: Anne Hwang, Case: 21STCV01071, Date: 2023-10-23 Tentative Ruling

Case Number: 21STCV01071    Hearing Date: February 6, 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 revised Petition to Approve Compromise of Pending Action of a Minor, Othaniel Molinar, age 3. The Court denies the petition without prejudice for the following reasons.

According to the terms of the settlement Plaintiffs will receive $550,000 total and have agreed to apportion $450,000 to Claimant. Therefore, the gross amount will be $450,000, and not $550,000 as indicated in item 10 of the Petition.

As previously indicated, Petitioner selected item 14b and included attachment 14, indicating she will pay the medical expenses and attorney fees/costs. However, the Order Approving the Compromise (MC-351) shows that the payments will made payable to Claimant’s attorney and directly to Department of Health Care Services. Therefore, it is unclear how Petitioner will be obligated to pay these fees. Petitioner should select 14a instead.    

In the proposed order, MC-351, Petitioner selected “Continued on Attachment 8a(4)” without submitting the attachment.

Accordingly, the Court denies the petition without prejudice.

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