Judge: Anne Hwang, Case: 21STCV38793, Date: 2024-02-01 Tentative Ruling

Case Number: 21STCV38793    Hearing Date: February 1, 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 to Approve Compromise of Pending Action of a Minor, Mia Balay Garcia, age 16. The Court denies the petition without prejudice for the following reasons.

Petitioner must complete items 6, 7, 8, and include attachment 8 regarding Claimant’s medical condition.

Petitioner must include the terms of the settlement in 10c.

Attach 11b(3) must describe the effect of Petitioner’s claim on Claimant’s settlement, if any.

Petitioner must include attachment 11b(6) stating the reasons for the apportionment of settlement between Claimant and Joshua Ferdman and Rocio Ferdman.

Petitioner must provide values in 12a.

Petitioner must provide a ledger of the $302.64 in costs.

If the attorney for Claimant is also representing Petitioner, he must change the response in item 17e and file attachment 17e.

Petitioner must complete items 9a and 9c in the Order (MC-351) including the name, branch, address of the depository for the blocked funds.

Also, Item 1 of MC-351 is incorrect since this is not an expedited petition for minor’s compromise. Petitioner must fill out the appropriate information in 1b and 1c. The hearing information must also be included on item 1 of MC-355.

Accordingly, the Court denies the petition without prejudice. Petitioner shall give notice and file a proof of service of such.