Judge: Anne Hwang, Case: 22STCV25410, Date: 2024-11-07 Tentative Ruling

Case Number: 22STCV25410    Hearing Date: November 7, 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. 

PLEASE NOTE THAT THE COURT IS UNAVAILABLE FOR ORAL ARGUMENT ON THE MOTION. IF A PARTY REQUESTS ORAL ARGUMENT, THE HEARING WILL BE CONTINUED TO NOVEMBER 8, 2024 AT 1:30 P.M.

TENTATIVE RULING

The Court has reviewed the petition filed on October 2, 2024 by Petitioner Carolina Valencia (Petitioner) on behalf of Claimant Sofia Mejia, age 11. The Court denies the petition without prejudice for the following reasons:

Petitioner must write the correct Court address in the petition and proposed order in order to provide adequate notice.

Item 3b must be completed instead of 3a.

Petitioner asserts that a tree limb fell on Claimant causing pain to her back, right thumb, and right hand. The medical records/reports in attachment 8 do not show that Claimant is fully recovered from her injuries. Petitioner must provide further records or a parent declaration, regarding Claimant’s current condition.

Petitioner must complete item 7 describing Claimant’s treatment.

Petitioner must provide attachment 11b3.

Attachment 11b5 should not include Claimant’s settlement.  Therefore, the values in 11b should not include Claimant’s settlement since they should reflect “persons other than claimant.”

Attachment 11b(6) must describe reasons for the apportionment of the settlements among the plaintiffs.  

Item 12b(5)(ii), which indicates only $350 in medical liens, should be amended since item 12b(5)b shows a $1,838 lien from City of Alhambra Fire Department; this lien should also be included in the total lien amount.

Petitioner must provide attachment 12b5 since it was marked.

Petitioner requests $500 in attorney fees which represents 25% of the gross settlement. The Court finds this amount to be reasonable.

Petitioner marked item 14b but did not provide the attachment with proof of the fees and expenses incurred and the payments made or obligations to pay incurred. Also, given the fact that the settlement amount cannot pay all the medical expenses, Petitioner must state which liens will be paid from the remaining proceeds. If Claimant is obligated to pay these fees, and not Petitioner, then item 14a should be marked instead.

In the Proposed Order (MC-351), item 8a(2) should not be completed since the medical expenses are already written in 8a(3). The value in 8a(3) is not calculated properly, it should also include the $61,90 medi-cal lien. Item 8b2 should be amended; in the petition, the net settlement amount is -$749.90.

Accordingly, the Court denies the petition without prejudice.

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

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 October 2, 2024 by Petitioner Carolina Valencia (Petitioner) on behalf of Claimant Ava Mejia, age 9. The Court denies the petition without prejudice for the following reasons:

Petitioner must write the correct Court address in the petition and proposed order in order to provide adequate notice.

Item 3b must be completed instead of 3a.

Petitioner asserts that a tree limb fell on Claimant causing pain to her arm, right/left leg, and causing a cut on her hand. The medical records/reports in attachment 8 do not show that Claimant is fully recovered from her injuries. Petitioner must provide further records or a parent declaration, regarding Claimant’s current condition.

Petitioner must complete item 7 describing Claimant’s treatment.

Petitioner must provide attachment 11b3.

Item 11b5 should not include Claimant’s settlement since that section should only reflect “persons other than claimant.”

Attachment 11b(6) must describe reasons for the apportionment of the settlements among the plaintiffs. 

According to the letter in attachment 12b(4)(c), the Medi-Cal lien is $71.25, not $71.28 as indicated in the petition. (See item 12b4, 16d.) As a result, the total medical expenses sought to be reimbursed, must be reviewed; item 12a(4) must also be amended, and should be consistent throughout the petition. 

Item 12b(5)(ii), which indicates only $350 in medical liens, should be amended since item 12b(5)b shows a $1,838 lien from City of Alhambra Fire Department; this lien should also be included in the total lien amount.

Petitioner requests $500 in attorney fees which represents 25% of the gross settlement. The Court finds this amount to be reasonable.

Petitioner marked item 14b but did not provide the attachment with proof of the fees and expenses incurred and the payments made or obligations to pay incurred. Also, given the fact that the settlement amount cannot pay all the medical expenses, Petitioner must state which liens will be paid from the remaining proceeds. If Claimant is obligated to pay these fees, and not Petitioner, then item 14a should be marked instead.

Item 16b should contain the Medi-Cal lien (the amount should not be in 16d).

The response in item 17e must be changed.

In the Proposed Order (MC-351), item 6 should reflect the gross settlement ($2,000).

Item 8a(2) should not be completed since the medical expenses are already written in 8a(3). The value in 8a(3) is not calculated properly, it should also include the $71.25 medi-cal lien. There should be only one attachment 8a(3) with the correct Medi-Cal lien amount for this Claimant.

Accordingly, the Court denies the petition without prejudice.

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

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 October 2, 2024 by Petitioner Melissa Nieto (Petitioner) on behalf of Claimant Ryan Nieto, age 9. The Court denies the petition without prejudice for the following reasons:

Petitioner must write the correct Court address in the petition and proposed order in order to provide adequate notice.

Item 3b must be completed instead of 3a.

Petitioner asserts that a tree limb fell on Claimant, but that he was “not really injured.” (Item 6.) Petitioner must provide further records or a parent declaration, regarding Claimant’s current condition.

Petitioner must complete item 7 describing Claimant’s treatment.

Petitioner must provide attachment 11b3.

Attachment 11b(6) must describe reasons for the apportionment of the settlements among the plaintiffs. 

Petitioner requests $300 in attorney fees which represents 25% of the gross settlement. The fee agreement for Petitioner/Claimant must be provided in attachment 17a. Only the agreement for Carolina Valencia, Ava Mejia, and Sophia Mejia was provided.

Attachment 18b5 must be revised with the name and address of the parent and the money or other property to be delivered. The statement that no funds are available appears to be mistaken.

In the Proposed Order (MC-351), item 8a(2) and 8a(3) should be left blank. Item 8b2 must contain Petitioner’s address where the money will be delivered.

Accordingly, the Court denies the petition without prejudice.

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