Judge: Anne Hwang, Case: 22STCV17357, Date: 2024-03-21 Tentative Ruling

Case Number: 22STCV17357    Hearing Date: March 21, 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 Minor, Austin Villatoro, age 11, filed on January 11, 2024. The Court denies the petition without prejudice for the following reasons.

Petitioner should also select the “guardian ad litem” box in item 1.

It does not appear a trial took place in this case, or that judgment was entered for Claimant. Therefore, Petitioner should only complete item 3b, and should leave 3c blank.

Petitioner indicates that Claimant’s injury arose out of a motor vehicle accident, that Claimant suffered a head injury, but was not treated. Petitioner also asserts that Claimant is fully recovered. Petitioner must provide medical records or a medical report or other evidence in attachment 8 that confirms Claimant’s current condition.

Petitioner must complete item 10c describing the terms of the settlement.

Attachment 11b(3) must describe the effect of Petitioner’s claim (if any) on Claimant’s settlement.

The amount in item 11b(1) must equal the total values in 11b(5).

Petitioner must include attachment 11b(6), describing the reasons for the apportionment.

Petitioner must include values in item 12a. If none, Petitioner can type $0.

Petitioner requests $250 in attorney fees. This amount represents 25% of the gross settlement. The Court finds this amount to be reasonable.

Petitioner should not include attorney fees in item 13b. Item 16c should only reflect the attorney fees sought, while item 16d should reflect $465.

Petitioner must include attachment 17e.

Since Petitioner is not seeking the funds to be deposited in a blocked account, form MC-355 is not necessary. Instead, Petitioner must complete and file form MC-351.

Accordingly, the Court denies the petition without prejudice.

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