Judge: Anne Hwang, Case: 22STCV02588, Date: 2024-11-22 Tentative Ruling

Case Number: 22STCV02588    Hearing Date: November 22, 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 October 24, 2024 by Petitioner Nakeithia Robinson (Petitioner) on behalf of Claimant Khalon Madison, age 16. The Court denies the petition without prejudice for the following reasons:

On September 26, 2024, the Court granted Plaintiffs’ motion to remove Tavis Lurry as the guardian ad litem for Khalon Madison, and instructed Plaintiffs to file a new application to appoint a guardian ad litem. The application filed on October 16, 2024 was rejected. (See Notice of Rejection, filed 10/16/24.) Therefore, Petitioner must make the corrections identified in the Notice of Rejection and file a new application to appoint a guardian ad litem.

In the event Petitioner is appointed guardian ad litem in the future, Petitioner must file a petition using the most updated form MC-350 (revised Jan. 1, 2021). Note the item numbers in the updated form will vary from this petition. This is the second time this defect has been identified. (See Min. Order, 4/9/24.) Additionally, the Court notes the following defects:

This case involves a motor vehicle accident that occurred on January 23, 2020, while Claimant was a passenger on a tour bus. The medical records show that on the date of the accident, Claimant was transported by ambulance to Long Beach Memorial, suffering from head trauma and visible bleeding. Claimant then left the hospital against the advice of medical providers because Claimant’s mother stated they needed to make their return flight home to Florida. Upon returning to Florida, Claimant was seen at the emergency room on January 27, 2020 complaining of mid-back pain and headache. Claimant was prescribed ibuprofen and discharged. Petitioner also includes a medical report from Chiropractic Clinics of South Florida P.L., dated March 10, 2020, diagnosing Claimant with traumatic cervicalgia injury and traumatic lumbago injury and recommending treatment. This is the most recent medical record. Therefore, Petitioner must include recent records, or other evidence verifying that Claimant is fully recovered from his injuries.

The amount in item 11a must be the total settlement offered to Claimant, which according to 11c is $10,000.

Petitioner requests $4,000 in attorney fees which represents 40% of the gross settlement. However, the Court finds this amount is not supported by the declaration of counsel. The Court would approve 33% based on the information provided. 

Since Petitioner selected item 15a, she should not complete the values in 15b.

Petitioner checks item 19a, stating there is a guardianship of the estate of the minor. It does not appear on the face of the record that there is a guardianship of the estate (this is different from a guardian ad litem). If this is true, then Petitioner should select 19b2, and provide attachment 19b2.  

In the proposed order (MC-351), item 6b must be marked, and the gross settlement ($10,000) must be written in item 6. The $263.43 in non-medical expenses to be reimbursed should be written in item 8a(2). The value for item 8a(5) must be completed. Item 9a must be completed.

Accordingly, the Court denies the petition without prejudice.

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