Judge: Anne Hwang, Case: 21STCV30906, Date: 2024-10-24 Tentative Ruling

Case Number: 21STCV30906    Hearing Date: October 24, 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 amended petition filed on October 18, 2024 by Petitioner Annette Dolores Kellam (Petitioner) on behalf of Claimant Joe Perry Kellam, age 16. The Court denies the petition without prejudice for the following reasons:

As an initial matter, the Court notes that two petitions were filed in conjunction with this hearing reservation: one filed on September 26, 2024, and the other filed on October 18, 2024. The Court notes that both contain different defects. For ease of correction, the Court will address the defects in the most recent petition filed on October 18, 2024.

Petitioner must provide attachment 8. Every revised petition must contain all attachments and information included in previous petitions.  

Item 12b(5)(a)(ii) states there are $4,000.99 in medical liens after reductions. However, based on the values in 12b(5)(b), there are $7,090 in liens. Additionally, while Petitioner marked, “continued on attachment 12b(5)”, no attachment was provided. Furthermore, none of these values equal $18,090.99, which Petitioner claims is the amount in medical expenses to be reimbursed. (See item 12a(4) and 16b.) The values in item 12b(4)(c) and 12b(5)(a)(ii) should equal the total medical reimbursement value in item 12a(4).

Petitioner must provide the attorney declaration in attachment 13a.

There is a typo in item 16c.

Item 17b(4) must be completed.

Attachment 18b2 must be provided.

In the proposed order (MC-351), the correct hearing date must be written. As stated in the previous minute order, item 8a(2) must contain the $2,743.64 in non-medical expenses. Item 8a(3) (and the attachment) must contain all information for the medical service providers that have liens and will be reimbursed. This should match the information in item 12b5 in the petition. (Min. Order, 7/8/24.) Item 8a(3) should reflect the total medical reimbursements sought; the petition states this value is $18,090.99.

Accordingly, the Court denies the petition without prejudice.

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