Judge: Anne Hwang, Case: 22STCV13548, Date: 2024-07-05 Tentative Ruling

Case Number: 22STCV13548    Hearing Date: July 5, 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 Person with a Disability, filed on May 14, 2024 by Petitioner Lillian Monica McFarland (Petitioner) on behalf of Claimant Taylor Swelstad, age 20. The Court denies the petition without prejudice for the following reasons.

As an initial matter, Petitioner indicates she is the guardian ad litem for Claimant. However, there is no order appointing Petitioner as guardian ad litem in the Court’s docket. Petitioner submits proof that she was appointed the limited conservator of Claimant. However, the order does not appear to grant Petitioner the power to approve settlements or initiate lawsuits on Claimant’s behalf.

Assuming Petitioner is appointed guardian ad litem, the Court observes the following defects in the petition.

Petitioner asserts Claimant is not fully recovered and her emotional injuries are permanent. Petitioner must provide attachment 8 with copies of medical records or a report describing Claimant’s current condition.  

Petitioner must complete item 12a, even if the values are $0. Petitioner asserts in item 7 that Claimant received therapy from her injuries. Any medical expenses, payments, and reductions must be disclosed in item 12a.

Petitioner requests $180,000 in attorney fees which represents 40% of the gross settlement. Petitioner must include an attorney declaration in attachment 13a discussing the factors in California Rules of Court, rule 7.955(b).

Petitioner has made contradictory selections in item 14. If Petitioner has paid no fees or expenses, then she should not mark selections in 14b.

Petitioner must make a selection in 17f.

Petitioner marked item 18a(3)(e), indicating there is a conservatorship of Claimant’s estate but the proceeds will not become part of the conservatorship of the estate. However, the conservatorship documents attached to the petition show there is not a conservatorship of Claimant’s estate, but rather her person. If there is no conservatorship of the estate, then Petitioner must mark a selection in item 18b instead. Also, in the future, Petitioner should notate this petition in the Court’s reservation system as one seeking a special needs trust. Failure to do so may result in further delay.

Petitioner marked item 20 but there is no attachment 20 in the petition.

Accordingly, the Court denies the petition without prejudice.

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