Judge: Anne Hwang, Case: 21STCV18397, Date: 2023-08-24 Tentative Ruling

Case Number: 21STCV18397    Hearing Date: August 24, 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. 

RULING

The Court has reviewed the petitions by Petitioner Ermelinda Lucrecia Paxtor Puac (“Petitioner”) on behalf of Claimants Nicolas Say Paxtor (age 5) and Marjorie Paxtor (age 7) (“Claimants”).  These petitions previously came on a hearing on July 14, 2023 and July 17, 2023, respectively. At each hearing, the Court found the petitions deficient because they both lacked medical reports showing the Claimants’ injuries and treatment and were missing declarations pursuant to Probate Code sections 3401-3402 for Section 19(b) of the petitions. (See July 14, 2023 Minute Order and July 17, 2023 Minute Order.)

On August 15, 2023, Petitioner supplemented the petitions by including declarations of written assurance pursuant to Probate Code §§ 3401-3402 as well as a declaration from counsel regarding the outstanding medical records. Within the declarations of written assurances, Petitioner attests that the total estate of the Claimants does not exceed $5,000 in value, and she acknowledges that she must hold onto the money in the Claimants’ estates in trust for their benefits and to account to them for the management of this money when they reach the age of majority. In the counsel’s supplemental declaration, he confirms that Providence St. Joseph did not maintain records of the Claimants on the date that Petitioner was admitted to the emergency room. Instead, the Claimants were presented for a wellness chcek (Jimenez Decl. ¶¶ 4-5.) Furthermore, his office confirmed with the Department of Health Care Services that no paid services were provided to the Claimants and no liens existed for the children. (Id. at ¶ 6.) The Claimants did not receive any further treatments. (Id. at ¶ 7.)

Therefore, the Court grants these petitions. 

Petitioner shall provide notice of the Court’s orders and file a proof of service of such.