Judge: Anne Hwang, Case: 21STCV27913, Date: 2024-06-05 Tentative Ruling

Case Number: 21STCV27913    Hearing Date: June 5, 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 expedited petition filed May 22, 2024 by Petitioner Cecilia Cruz Milian (Petitioner) on behalf of Claimant Patricia Guevara, age 17. The Court denies the petition without prejudice for the following reasons:

In this case, Claimant allegedly slipped and fell in a store. She asserted pain in her right knee. In attachment 9, the medical report from a July 24, 2020 examination shows that Claimant still experienced pain in the right knee. She was recommended to undergo physical therapy for four weeks. Therefore, the records provided do not show that Claimant is fully recovered. Petitioner must provide further records or a report or other evidence of Claimant’s current condition.

Item 23 must contain Petitioner’s signature.

In the proposed order (MC-351), item 8a(1) should only reflect the attorney fees sought ($6,000) and 8a(2) should contain $950.18. It is unclear what the $435 value in 8a(2) pertains to.

In item 8a(3), the addresses of all providers must be provided. Petitioner must provide attachment 8a(3) with complete information for the remaining providers.

Since Petitioner seeks the proceeds to be deposited into a blocked account, she must select item 8b(1) instead of 8b(2). She must provide the full address and branch name of the bank in item 9a. Petitioner must mark item 9c(1) or 9(c)2.

Moving party is ordered to give notice.