Judge: Anne Hwang, Case: 21STCV41817, Date: 2024-06-03 Tentative Ruling

Case Number: 21STCV41817    Hearing Date: June 3, 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 expedited petition filed May 15, 2024 by Petitioner Allen Quinn (Petitioner) on behalf of Claimant Fuyuku Quinn, age 9. The Court denies the petition without prejudice for the following reasons:

Since Petitioner marked 3g(2), he must include attachment 3 describing an investigation showing that defendants are judgment proof outside their insurance policy limits.  

Attachment 11c must contain more terms of the settlement, including what Claimant agrees to do in return.

Petitioner must not include Claimant’s settlement in item 12b since that section is reserved for “persons other than the claimant.”

Since attachment 13g shows $5,670 in medical charges, with payments and adjustments, Petitioner must amend the values in item 13a accordingly.

Petitioner requests $750.00 in attorney fees which represents 25% of the gross settlement. Petitioner must provide a copy of the fee agreement in attachment 14a.

In item 18b, instead of writing Fuyuku Quinn, Petitioner must include the expected attorney fees from Haruko Quinn.

Petitioner now marks 15b, indicating that Petitioner paid the attorney fees and costs. However, no proof of the expenses and payments were provided. If no payments have been made, then Petitioner should select 15a instead.

In the proposed order (MC-351), the gross settlement must be listed in item 6 ($3,000).

In form MC-355, the amount in item 4 must match the net balance amount shown in the petition and MC-351 ($1,745.19).

Moving party is ordered to give notice.

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 15, 2024 by Petitioner Allen Quinn (Petitioner) on behalf of Claimant Haruko Quinn, age 4. The Court denies the petition without prejudice for the following reasons:

Since Petitioner marked 3g(2), he must include attachment 3 describing an investigation showing that defendants are judgment proof outside their insurance policy limits. 

Attachment 11c must contain more terms of the settlement, including what Claimant agrees to do in return.

Petitioner must not include Claimant’s settlement in item 12b since that section is reserved for “persons other than the claimant.”

Petitioner must include attachment 13g since it appears Claimant received medical treatment.

Petitioner requests $750.00 in attorney fees which represents 25% of the gross settlement. Petitioner must provide a copy of the fee agreement in attachment 14a.

Petitioner marks 15b, indicating that Petitioner paid the attorney fees and costs. However, no proof of the expenses and payments were provided. If no payments have been made, then Petitioner should select 15a instead.

In item 18b, instead of writing Haruko Quinn, Petitioner must include the expected attorney fees from Fuyuku Quinn.

In the proposed order (MC-351), the gross settlement must be listed in item 6 ($3,000).

In form MC-355, Petitioner must provide the correct hearing date in item 1.

Moving party is ordered to give notice.