Judge: Anne Hwang, Case: 22STCV30964, Date: 2024-07-05 Tentative Ruling

Case Number: 22STCV30964    Hearing Date: July 5, 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 May 22, 2024 by Petitioner Lizeth Galvez Radillo (Petitioner) on behalf of Claimant Julian Campos, age 13. The Court denies the petition without prejudice for the following reasons:

Petitioner must use the most updated forms MC-350, MC-351, MC-355 in future petitions. Note: the item numbers used in this order refer to the numbers in the instant petition and will vary from the numbers in the updated form MC-350.

Petitioner must provide further information in item 6 describing how the laceration to skull and temporal bone fracture occurred from the hook embedding into Claimant’s finger. (See item 7.) Additionally, the medical records attached do not show Claimant’s current condition since they only describe the treatment on the day of the incident. The records also do not show any skull laceration. Petitioner must provide further medical records, a medical report, or other evidence attesting to Claimant’s condition.

Page 3 is missing from the petition.

Petitioner must make a selection in item 12.

Petitioner requests $12,500 in attorney fees which represents 25% of the gross settlement. The Court finds this to be reasonable.

In the proposed order (MC-351), Petitioner must include Claimant’s name in item 4.

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