Judge: Anne Hwang, Case: 22STCV06108, Date: 2024-11-19 Tentative Ruling

Case Number: 22STCV06108    Hearing Date: November 19, 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 14, 2024 by Petitioner Arminda Orellana (Petitioner) on behalf of Claimant Freddy Garcia, age 16. The Court denies the petition without prejudice for the following reasons:

First, Petitioner must write Claimant’s name in the petition and proposed orders, exactly how it appears in the operative complaint and order appointing a guardian ad litem: Federico Garcia Valencia.

Petitioner must provide more information in item 10c describing the terms of the settlement.

While Petitioner does not indicate that anyone besides Claimant is receiving money from this settlement in item 11b(5), it appears Plaintiff Lesly Garcia is also receiving money. (See attachment 5, item 17f.) Item 11b(1) and 11b(5) should only reflect the settlement to “persons other than the claimant.” Therefore, Freddy’s name should not appear. While item 11b(4) states Petitioner will also receive money, this is not reflected in the attorney declaration in attachment 5. Item 11b(4) must be reviewed.

Petitioner requests $194,625 in attorney fees which represents 45% of the gross settlement. The Court finds this amount is not supported by the attorney declaration. Petitioner should also provide an English translation of the fee agreement.

Item 17f should reflect the amount of attorney fees that are expected, not the total settlement.

Attachment 18b3 must contain more information about the terms, including where the annuity will be purchased.

In the Proposed Order (MC-351), item 6 must contain the gross settlement: $432,500. The $11,014.77 to be reimbursed for non-medical expenses should be in item 8a(2). Item 8a(5) must be re-calculated.

In MC-355, item 5b must contain Claimant’s birth date.

Accordingly, the Court denies the petition without prejudice.

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