Judge: Anne Hwang, Case: 22STCV22802, Date: 2024-07-12 Tentative Ruling

Case Number: 22STCV22802    Hearing Date: July 12, 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 petitions filed on May 24, 2024 by Petitioner Chanel Cajas (Petitioner) on behalf of Claimant Noah Rosas, age 15 and Claimant Desiree Rosas, Age 14. The Court denies the petitions without prejudice for the following reasons:

Unless stated otherwise, the following defects apply to both petitions.

Petitioner must correct the court address on the first page of the petitions (city and zip code).

Petitioner should also mark “guardian ad litem” in item 1 of the petitions and item 2 of the proposed orders.

Petitioner states that Claimant Noah Rosas suffers from leg pain, lower back pain, and head pain/ache from the subject motor vehicle accident. Petitioner asserts Noah has not recovered, but the injuries are temporary. Claimant Desiree Rosas sustained the following injuries: neck pain, mid back pain, lower back pain, head pain/aches, anxiety, attention and concentration problems, dizziness, sensitivity to noise. Petitioner asserts Desiree has not recovered completely but the injuries are temporary.

Petitioner must provide attachment 8 containing medical records/report showing Claimants’ current condition.

Petitioner must include the terms of the settlement in item 10c.

Item 11b(1) should be $2,000 based on the values in 11b(4).

Petitioner must include attachment 11b(6) stating the reasons for apportionment between the settlements of the other plaintiffs and Claimants.

Petitioner must complete item 12a(5) since it appears there are medical liens. Item 12a(3) should be the value of the reductions, not the remaining balance after reductions. The same should be applied in item 12b(5)(b).

Since there are medical liens, item 12b(5)(a)(ii) should be completed but should only account for the $300 lien from Health Pointe. Since Petitioner already disclosed the Medi-Cal lien in item 12b(4), Petitioner does not need to re-list it in 12b(5)(b)(ii).

Petitioner must include a copy of the attorney fee agreement in attachment 17a.

It appears counsel is representing other parties in this case. The answer in item 17e must be changed and attachment 17e must be provided.

No signature is required in item 21 since Claimant is not an adult.

In the proposed order (MC-351), item 6 must show the gross settlement ($1,000). If expenses and costs are waived, Petitioner should not complete item 8a(2).

In MC-355, Petitioner must make a selection in item 3.

Accordingly, the Court denies the petitions without prejudice.

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