Judge: Anne Hwang, Case: 21STCV30724, Date: 2024-08-15 Tentative Ruling

Case Number: 21STCV30724    Hearing Date: August 15, 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 July 26, 2024 by Petitioner Maria Tovar (Petitioner) on behalf of Claimant Yesenia Tovar, age 16. The Court denies the petition without prejudice for the following reasons:

Petitioner asserts that Claimant is fully recovered from “[r]ight shoulder pain, right clavicle fracture, neck pain, headaches, and cognitive issues including memory loss and concentration issues” that occurred after a slip and fall. (Petition, item 6.) However, the medical report dated May 6, 2021 does not support this. Petitioner must provide further medical reports/records or other evidence showing Claimant is fully recovered.

Petitioner must complete item 10c describing the terms of the settlement.

Petitioner must complete item 11, and any applicable attachments that are required.

Based on the values in item 12, it appears the amount of reductions in 12a(3) may be incorrect. Petitioner must review these amounts/calculations.

Petitioner requests $106,666.67 in attorney fees which represents 33.33% of the gross settlement. The Court finds this to be reasonable.

Petitioner must use the most updated Order forms (Rev. Jan. 1, 2021) in the next petition. In MC-351, Petitioner must complete item 8a with the information in attachment 18b(2).

Accordingly, the Court denies the petition without prejudice.

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