Judge: Anne Hwang, Case: 21STCV15053, Date: 2023-11-06 Tentative Ruling

Case Number: 21STCV15053    Hearing Date: November 6, 2023    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 by Petitioner Carrie Dockery (Petitioner) on behalf of Claimant Finley Dockery, age 5. The Court denies the petition without prejudice.

Petitioner did not include in attachment 8 a doctor’s report of Claimant’s injuries.

Petitioner filled out item 12b(5) which lists providers who either have a lien, will be paid by the proceeds of the settlement, or, who Petitioner has already paid and seeks to be reimbursed by the proceeds. However, in item 12a(4), Petitioner indicated that no medical expenses would be paid from the proceeds. No supporting documentation has been attached.

The attorney declaration in attachment 13a does not conform with Code of Civil Procedure section 2015.5 by stating the place of execution or that it is declared under the laws of California.

Lastly, there does not appear to be an attachment 17c as petitioner indicated.

Moving party is ordered to give notice.