Judge: Anne Hwang, Case: 21STCV25656, Date: 2024-10-18 Tentative Ruling

Case Number: 21STCV25656    Hearing Date: October 18, 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 filed on September 25, 2024 by Petitioner Arturo Encinas (Petitioner) on behalf of Claimant Arthur Encinas, age 8. The Court denies the petition without prejudice for the following reasons:

Petitioner states that Claimant suffered anxiety and back pain following a rear-end motor vehicle accident. However, the records provided in attachment 8 do not confirm that Claimant is fully recovered. Petitioner must provide further medical records/reports, or other evidence of Claimant’s recovery.

Claimant’s settlement should not be included in 11b(5) since that section pertains to “persons other than claimant.”

Petitioner requests $1,875 in attorney fees which represents 25% of the gross settlement. The Court finds this to be reasonable.

In item 14, Petitioner asserts he paid medical expenses and attorney fees, and seeks reimbursement. However, Petitioner provides no proof of the payments in attachment 14. If these expenses will be paid after the settlement and directly to the recipients, then Petitioner should select 14a instead.

In the Proposed Order (MC-351), if the medical provider liens described in item 12b(5) of the petition need to be paid, item 8a(3) of the proposed order should be completed. 

Accordingly, the Court denies the petition without prejudice.

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