Judge: Anne Hwang, Case: 23STCV01156, Date: 2023-08-07 Tentative Ruling

Case Number: 23STCV01156    Hearing Date: November 13, 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. 

TENTATIVE RULING

The Court has reviewed the petition by Petitioner Cindy Velez-Garcia (Petitioner) on behalf of Claimant Eric Rodriguez, age 4. The Court denies the petition without prejudice.

In item 12b(5), there appears to be a typo in the amount claimed by Petitioner.

In attachment 14a, the attorney for Petitioner must include a signed declaration explaining the basis for the request of 33.33% in attorney fees. The attorney must discuss the factors in California Rules of Court, rule 7.955(b), instead of merely listing them. Also, the amount of attorney fees requested in item 14a does not match the amount in 15b(2). Thus, it is unclear which amount Petitioner is requesting.

Petitioner also did not file a proposed order.

Moving party is ordered to give notice.