Judge: Anne Hwang, Case: 22STCV20016, Date: 2024-08-19 Tentative Ruling

Case Number: 22STCV20016    Hearing Date: August 19, 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 Expedited Petition to Approve Compromise of Pending Action of a Minor filed on July 16, 2024 by Petitioner Daria Lukonina (Petitioner) on behalf of Claimant Yaroslava Voronkov, age 4. The Court does not approve and denies the petition based on the following reasons:

As an initial matter, Petitioner is the appointed guardian ad litem.

Petitioner claims $3,688 in medical expenses to be reimbursed but does not show who will receive the reimbursement in item 13. Since Petitioner asserts no expenses were paid by Medicare or Medi-Cal, then Petitioner must mark/complete 13d–g (whichever are applicable). Attachment 8 appears to suggest that the reimbursement will be paid to The Rawlings Company LLC. If the reimbursement will be paid to a health insurance plan, Petitioner must complete item 13d.

Petitioner must include attachment 13a identifying each medical expense payer and the amount each paid, and explaining any differences in items 13a(1), (4), and (5).

Petitioner request $2,000 in attorney fees which represents 20% of the gross settlement. However, Petitioner must include an attorney declaration explaining the basis for the request and describing the factors in California Rules of Court, rule 7.955(b) and a copy of the fee agreement in attachment 14a.

Petitioner must include attachment 18a.

Petitioner cannot mark both 19a and 19b. If there is no guardianship of the estate (unrelated to a guardian ad litem), then a subsection in 19b should be selected, along with any applicable attachment requested on the form.

Petitioner must complete and file a proposed order (MC-351) and, if a blocked account is sought in 19b2, an order for blocked account (MC-355).  

Moving party is ordered to give notice.