Judge: Anne Hwang, Case: 22STCV25489, Date: 2024-11-08 Tentative Ruling

Case Number: 22STCV25489    Hearing Date: November 8, 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 October 7, 2024 by Petitioner Margarita Flores (Petitioner) on behalf of Claimant Jazmine Moran-Flores, age 15. The Court denies the petition without prejudice for the following reasons:

Petitioner must complete item 10c describing the terms of the settlement.

Petitioner marked item 12b(1) stating that she paid all of Claimant’s medical expenses and is seeking reimbursement to herself. However, this contradicts item 12b(5) which shows the medical expenses will be paid directly to the medical lienholders from the settlement proceeds. Furthermore, Petitioner marked item 14a stating that petitioner has paid none of the expenses. If this is true, then Petitioner should not mark 12b(1), but leave 12b(5) as is. 

In the Proposed Order (MC-351), item 9a must be completed with the information in attachment 18b2. In MC-355, Claimant’s name must be written in item 2. Item 4 must be completed.

Accordingly, the Court denies the petition without prejudice.

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