Judge: Anne Hwang, Case: 21STCV23429, Date: 2024-02-07 Tentative Ruling

Case Number: 21STCV23429    Hearing Date: March 4, 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, Gianni Brown, age 14. The Court denies the petition without prejudice for the following reasons.

Petitioner should not check box 2e, since Claimant is a minor.

Petitioner’s attachment 11b(6) did not set forth the reasons for the apportionment between Claimant and the other plaintiff.

Petitioner did not provide attachment 17a, the attorney fee agreement. Instead, attachment 17a is an information release.

Petitioner did not include attach 18b(3), the terms of the annuity.

In the Order (MC-351), item 8b(2) says to see attachment 18(a)(2), which was not included in the petition. In item 8a of the order, Petitioner seeks a disbursement of $600, which came out of the $2,037.25 in non-medical expenses. Therefore, the amount in 8a(2) must be decreased by $600.

Since Petitioner is seeking part of the funds to be placed in a blocked account, she must complete item 9 on MC-351.

Finally, Petitioner reserved a hearing date for a petition to confirm minor’s compromise with a special needs trust. There is no indication that the compromise involves a special needs trust. Petitioner is to correct this defect if another petition is filed.

Accordingly, the Court denies the petition without prejudice.

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