Judge: Anne Hwang, Case: 22STCV17528, Date: 2024-06-25 Tentative Ruling

Case Number: 22STCV17528    Hearing Date: June 25, 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 amended expedited petition filed June 11, 2024 by Petitioner Fanny Perez (Petitioner) on behalf of Claimant Ruth Herrera, age 13. The Court denies the petition without prejudice for the following reasons:

The Court noted in the previous petition that item 9 indicated that Claimant was not fully recovered but the following injuries were temporary: “a nondisplaced fracture of the sesamoid bone of the left foot, bruising.” Petitioner indicates orthotics have been prescribed. (Min. Order, 5/9/24.) The Court also noted that Petitioner did not provide any medical records or other evidence in attachment 9 to support this assertion.

In this revised petition, Petitioner again does not include any medical record/reports describing Claimant’s current condition. This must be provided in attachment 9.

Since it appears there are $6,045.64 in total liens, the value in item 13a(5) should be amended accordingly. 

Attachment 13g does not contain statements from all the medical providers seeking reimbursement.

Petitioner again requests $12,000 in attorney fees which represents 40% of the gross settlement. The Court previously found support for only 33.33% of the gross settlement, based on the attorney declaration. (Min. Order, 5/9/24.) Here, Petitioner filed the same attorney declaration, but did not lower the requested amount. Furthermore, no fee agreement was attached.

Moving party is ordered to give notice.