Judge: Anne Hwang, Case: 22STCV36598, Date: 2024-07-12 Tentative Ruling

Case Number: 22STCV36598    Hearing Date: July 12, 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 June 17, 2024 by Petitioner Jennifer Gardner (Petitioner) on behalf of Claimant Amani Bleu Taylor, age 6. The Court denies the petition without prejudice for the following reasons:

According to the Court’s docket, Petitioner has not been appointed guardian ad litem for Claimant. The Court notes that the Application filed April 19, 2024 was denied.  Therefore, the Court will not grant a petition filed by Petitioner until she is appointed guardian ad litem.[1]  

In the event Petitioner is appointed in the future, the Court observes the following defects in the instant petition. 

Petitioner must complete item 10c or mark the agreement in attachment 11(b)6 as attachment 10c.

Item 11b must be marked. The values in 11b(5) must equal the value in 11b(1).

Petitioner must provide attachment 11b3 and 11b(6).

Petitioner has put conflicting gross settlement amounts in item 10a and 16a: these values should be equal. Petitioner can include an attachment to explain the discrepancies.

Items 12a(2) and 12a(5) must be completed.

The response in 12b(5)(a)(i) conflicts with 12b(5)(b), showing several medical liens. Petitioner should mark and complete 12b(5)(a)(ii) instead.

Petitioner must make sure the medical liens add up to the total amount sought to be reimbursed in medical expenses.

Petitioner requests $277,000.42 in attorney fees. It is unclear what percentage of the gross settlement this represents since the gross settlement amount is unclear.

Petitioner must provide an attorney declaration in attachment 13a.

Petitioner selects 18a, however there is no evidence that there is a guardian of the estate of the minor (which if different from a guardian ad litem). If this is true, then Petitioner must make a selection in item 18b.

Accordingly, the Court denies the petition without prejudice.

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

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 June 17, 2024 by Petitioner April Briggs (Petitioner) on behalf of Claimant Tiara Lovely Briggs, age 16. The Court denies the petition without prejudice for the following reasons:

According to the Court’s docket, Petitioner has not been appointed guardian ad litem for Claimant. The Court notes that the Application filed April 19, 2024 was denied.  Therefore, the Court will not grant a petition filed by Petitioner until she is appointed guardian ad litem.[2] 

In the event Petitioner is appointed in the future, the Court observes the following defects in the instant petition. 

Petitioner must complete item 10c or mark the agreement in attachment 11(b)6 as attachment 10c.

Item 11b must be marked. The values in 11b(5) must equal the value in 11b(1).

Petitioner must provide attachment 11b3 and 11b(6).

Petitioner has put conflicting gross settlement amounts in item 10a and 16a: these values should be equal. Petitioner can include an attachment to explain the discrepancies.

Items 12a(2) and 12a(5) must be completed.

The response in 12b(5)(a)(i) conflicts with 12b(5)(b), showing several medical liens. Petitioner should mark and complete 12b(5)(a)(ii) instead.

Petitioner must make sure the medical liens add up to the total amount sought to be reimbursed in medical expenses.

Petitioner requests $277,000.42 in attorney fees. It is unclear what percentage of the gross settlement this represents since the gross settlement amount is unclear.

Petitioner must provide an attorney declaration in attachment 13a.

Petitioner selects 18a, however there is no evidence that there is a guardian of the estate of the minor (which if different from a guardian ad litem). If this is true, then Petitioner must make a selection in item 18b.

Accordingly, the Court denies the petition without prejudice.

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