Judge: Anne Hwang, Case: 22STCV27495, Date: 2023-08-24 Tentative Ruling

Case Number: 22STCV27495    Hearing Date: August 24, 2023    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. 

RULING 

On August 16, 2023, the Court issued a minute order denying the expedited application to approve minor’s compromise as to Edilson Hernandez, age 13, for the following reasons:

·         Petitioner failed to provide sufficient evidence supporting the agreed amount ($2000.00) in full satisfaction of the lien claim listed in 13(f)(2). Petitioner advanced Attachment 13(g), which indicated the full amount ($2870.00) needed to satisfy the lien claim. The numbers do not match.

·         Petitioner advanced Attachment 19(b)(2) as a proposed order approving compromise. However, the settlement amount proposed to be deposited into the blocked account is unsupported. The proposed gross settlement for the claimant is $13,000, the expected net settlement is $8010.99, but the amount listed is $8400.00.

The Court noted the prior set hearing remains on calendar. 

No amended documents have been filed. Accordingly, the Court denies the petition without prejudice.

Petitioner shall give notice of the Court’s order and file a proof of service of such.