Judge: Anne Hwang, Case: 22STCV07288, Date: 2023-11-20 Tentative Ruling

Case Number: 22STCV07288    Hearing Date: November 20, 2023    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 petitions by Petitioner Isbela Portillo (Petitioner) on behalf of Claimants Nathaniel Guevara, Sarai Guevara, and Joshua Guevara. The Court denies the petitions without prejudice.

Each petition contains the following deficiencies:

Petitioner states that Nathaniel is fully recovered from contusions to the hips. Petitioner states that Sarai is fully recovered from a minor head injury. Petitioner states that Joshua is fully recovered from a minor wrist abrasion. However, Petitioner must include attachment 8 containing medical records of the injury and a medical report confirming each Claimant’s current condition.

Petitioner must include attachment 11b(3) detailing the effect Petitioner’s claim has on the Claimants’ compromise.

Petitioner requests attorney fees in each petition. As a result, Petitioner must include attachment 13a—a signed attorney declaration discussing the factors in California Rules of Court, rule 7.955(b). Petitioner must also include a copy of the retainer agreement with Claimants in attachment 17a.

Petitioner selects item 18b(5), asking that the proceeds of the settlement be disbursed to Claimant’s parent. However, as stated in that section, the “value of minor's entire estate, including the money or property to be delivered, must not exceed $5,000.” Here, the proceeds total $12,836, $10,375.61, and $9,799.56 for Nathaniel, Sarai, and Joshua respectively. Therefore, Petitioner cannot request item 18b(5).

Lastly, in Sarai and Joshua’s petition, Petitioner lists two different values for the gross settlement in items 10a, b and 16a.

Moving party is ordered to give notice.