Judge: Anne Hwang, Case: 22STCV30522, Date: 2024-05-29 Tentative Ruling

Case Number: 22STCV30522    Hearing Date: May 29, 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 March 20, 2024 by Petitioner Darien Koop (Petitioner) on behalf of Claimant Rose Koop, age 3. The Court denies the petition without prejudice for the following reasons:

In the future, Petitioner should attach the exhibits to the back of the petition and label them according to the attachment numbers assigned throughout the petition.

Claimant suffered a broken leg on February 28, 2022. Petitioner states in item 8b that Claimant is still suffering from ongoing pain and limitations, but no medical treatment is planned at this time. The medical records do not describe this ongoing pain and limitations and provide no prognosis. The most recent record appears to be from an April 21, 2022 visit. Petitioner must provide updated medical records or other evidence showing Claimant’s current condition and prognosis.

Petitioner must provide more terms of the settlement in item 10c such as what the parties agree to do in exchange.

Petitioner must complete all values in 12a. Based on the values provided, it appears there was some reduction in medical expenses.

Petitioner requests $ 15,000 in attorney fees which represents 20% of the gross settlement. The Court finds this to be reasonable.

Petitioner indicates he will pay or become obligated to pay $3,447.30 of the costs in 13b.  The expenses provided in exhibit 4 equal $3,206.27, which is lower than the amount Petitioner claims he paid. But also, proof that these expenses were paid only equals $2,129.02. Additionally, some of these expenses appear to be medical payments in the form of co-payments. The medical expenses for which Petitioner seeks reimbursement must be allocated in items 12b(1) and 14b(1). 

Petitioner must include attachment 18b(2).  

In the Proposed Order (MC-351), Petitioner must complete item 9a.

Accordingly, the Court denies the petition without prejudice.

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