Judge: Anne Hwang, Case: 22STCV14260, Date: 2024-03-13 Tentative Ruling

Case Number: 22STCV14260    Hearing Date: March 13, 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 January 3, 2024 by Petitioner Armando Castillo (Petitioner) on behalf of Claimant Angela Castillo, age 17. The Court denies the petition without prejudice for the following reasons:

Petitioner asserts that Claimant is fully recovered. However, the most recent medical report from July 13, 2022 indicates that Claimant was still experiencing symptoms from the injury. The Court requires a more recent report or medical record, or a declaration, that can confirm that Claimant is fully recovered.

Petitioner requests $1,000 in attorney fees. This amount represents 22.5% of the gross settlement. The Court finds this amount to be reasonable.

Petitioner must correct the proposed order (MC-351) by including the gross settlement amount in item 6 (as opposed to the net settlement amount).

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