Judge: Anne Hwang, Case: 22STCV25692, Date: 2023-09-12 Tentative Ruling

Case Number: 22STCV25692    Hearing Date: March 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. 

TENTATIVE RULING

The Court has reviewed the Petition to Approve Compromise of Pending Action of Minor Erika Espinoza, age 15, filed February 20, 2024. The Court denies the petition without prejudice based on the following reasons:

Petitioner states that Claimant is not fully recovered because she has permanent scars on each arm. Petitioner also indicates that Claimant has not been treated for injuries related to this incident since July 16, 2021. However, the medical records in attachment 8 only show Claimant’s condition immediately following the motor vehicle accident. Therefore, Petitioner must include the most recent records or a report that reflects Claimant’s current condition.

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

Petitioner must complete item 11b(3) and include the relevant attachment.

Petitioner must include attachment 11b(6) describing the reasons for apportionment between Claimant and Petitioner.

Petitioner must complete all values in item 12a(1)–(5).

Petitioner indicates that only $14,521.97 is being reimbursed from the proceeds for medical expenses. Petitioner does not indicate there are any medical liens in item 12(b)(5)(a)(ii), yet partially completed item 12b(5)(b). If there are no other outstanding medical liens besides the Medi-Cal lien, then Petitioner should not complete 12b(5)(b). If there are other medical liens, then all the information in 12b(5)(b) must be completed.

Petitioner must complete the names, amounts, and expected dates in item 17f.

Petitioner requests $35,000 in attorney fees. This amount represents 25% of the gross settlement. The Court finds this amount to be reasonable.

Based on the petition, it appears Petitioner and the attorney have an agreement for services in connection with this claim. Petitioner must change item 17a(2) and 17e accordingly. Petitioner must include attachment 17e.

Petitioner must include attachment 18b(2).

Petitioner must include a proposed Order (MC-351).

Since Petitioner seeks the funds to be deposited in a blocked account, Petitioner must also file and complete form MC-355.

Petitioner is ordered to provide notice of the Court’s ruling and file a proof of service of such.