Judge: Anne Hwang, Case: 21STCV35489, Date: 2024-04-26 Tentative Ruling

Case Number: 21STCV35489    Hearing Date: April 26, 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 February 15, 2024 by Petitioner Karen Flores  (Petitioner) on behalf of Claimant M.P., age 6. The Court denies the petition without prejudice for the following reasons:

Petitioner should label/organize all attachments using the numbers specified in the petition.

Petitioner must provide more details of the incident in item 5.

Petitioner asserts Claimant suffered an allergic reaction. However, the declaration of counsel states that Claimant suffered emotional injuries stemming from his mother’s hospitalization. (Hayden Decl. ¶ 11.) Petitioner also indicates Claimant was not treated. This is contradicted by counsel’s declaration stating that Claimant was treated by Kaiser Permanente. (Id. ¶ 12.) Therefore, items and 6 and 7 must be amended.

Also, since Petitioner asserts Claimant was injured and is now recovered, Petitioner must provide medical records, a report, or other evidence of Claimant’s injury and current condition in attachment 8.

Item 10c shows that the gross sum of $80,000 is offered to all three plaintiffs. Petitioner must only provide the gross amount that will be apportioned to Claimant. According to item 16a, the gross amount appears to be $16,000.

Petitioner must complete item 10b.

Petitioner must not include Claimant’s settlement in item 11b(1) and 11b(5). These values should only reflect the gross settlement of people other than Claimant. Also, the sum of the values in 11b(5) must equal the value in 11b(1). 

Petitioner must include attachment 11b(6) explaining the reasons for the apportionment between all three plaintiffs.

Petitioner must provide a copy of the fee agreement with Claimant in attachment 17a.

Petitioner must provide attachment 17e.

Petitioner must include attachment 18b(3) with a document form Pacific Life and Annuity Services containing the terms of the annuity.  

Accordingly, the Court denies the petition without prejudice.

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