Judge: Anne Hwang, Case: 22STCV17484, Date: 2024-05-23 Tentative Ruling

Case Number: 22STCV17484    Hearing Date: May 23, 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 March 19, 2024 by Petitioner Andres Sijifredo Barajas (Petitioner) on behalf of Claimant Andres Julian Barajas, age 10. The Court denies the petition without prejudice for the following reasons:

Petitioner must provide attachment 8 with medical records or a medical report showing that Claimant is fully recovered from the chest and back pain.

Petitioner must complete item 10a. The amounts in 10b must equal the amount in 10a.

Petitioner must complete item 10c.

Petitioner must complete items 11b(2), 11b(3) and provide attachment 11b(6) stating the reasons for the apportionment.

Petitioner must complete the values in item 12a, even if some are $0. Petitioner indicates that Claimant received treatment at Providence Cedars-Sinai Tarzana Medical Center. The total amount of medical expenses must be accounted for, including any reductions.

Petitioner must request attorney fees in item 13a, as it appears based on the proposed order that attorney fees are sought. As a result, Petitioner must include an attorney declaration in attachment 13a and a copy of the fee agreement in attachment 17a.

The attorney name must be provided in item 17b.

It appears the attorney is representing another party besides Claimant in this action. Petitioner must change the response in item 17e and provide the applicable attachment.

In the Proposed Order (MC-351), Petitioner should mark 1b instead since this is not an expedited petition. Item 2 must state Petitioner’s name. Item 3 must state Claimant’s name.

Since Petitioner does not seek the funds to be deposited into a blocked account, he should not select items 8b(1) or 9. Instead, he should select 8b(2) and describe the method set forth in item 18b(5) of the petition.

Accordingly, the Court denies the petition without prejudice.

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