Judge: Audra Mori, Case: 19STCV07350, Date: 2022-09-28 Tentative Ruling

Case Number: 19STCV07350    Hearing Date: September 28, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Jose Antonio Reyes (“Jose Antonio”), Ada Jeanette Aguilar (“Petitioner”), Liliana Reyes (“Liliana”), Jose Reyes Aguilar (“Aguilar”), and Aaron Reyes (“Aaron”) (Aaron, Liliana and Aguilar, when referred to collectively, shall be referred to as “Claimants”) filed this action against Defendants, Kasouda Mansoory, Zabi Mansoory, Monira A. Mansoory (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Claimants are minors appearing by and through their guardian ad litem, Petitioner.  Claimants, Jose, and Petitioner were passengers in the vehicle when it was rear ended by Defendants’ vehicle.  According to the relevant petition, Aaron did not suffer any injuries.

The parties have agreed to settle this matter for the total amount of $42,750.00, with $13,750 being apportioned to Jose Antonio, $13,750 to Petitioner, $13,750 to Liliana, $1,000 to Aguilar, and $500 to Aaron.  Pertaining to Aaron, if the settlement is approved, $125.00 will be used for attorneys’ fees.  Petitioner proposes to have the net balance of $375 paid directly to her, without bond.    

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorney fees fair and reasonable, in that they amount to 25% of the minor Claimant’s settlement amount.  

However, the Court cannot locate a proposed order to approve settlement on Judicial Council Form MC-351 for Aaron.  The Court cannot process the petition without the proposed order.  Notably, Petitioner and Petitioner’s counsel were informed of this identical defect in connection with previous petitions filed for the minor Claimants.  (Min. Order May 12, 2021.)  Petitioner must file the subject proposed order on form MC-351 with all necessary information.  If Petitioner does not do so by the time of the hearing, the hearing may need to be continued or the petition may be denied without prejudice.   

Pursuant to CRC 7.952, Aaron and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Aaron is only seven years old and was approximately two when the incident occurred.  The Court finds Aaron’s age constitutes good cause to excuse Aaron’s appearance, and so only Petitioner will be required to appear.  Petitioner is encouraged to appear remotely.  Petitioner proposes the settlement proceeds be paid directly to Petitioner, without bond, so the Court wishes to hear from the Petitioner how Petitioner plans to use the funds in order to determine whether this is an appropriate arrangement.  Therefore, if the required proposed order on form MC-351 for Aaron is filed, Petitioner will be expected to appear at the hearing on the petition.

If the Court receives the missing proposed order and is satisfied with Petitioner’s testimony at the continued hearing, the petition will be granted, and the Court will sign the proposed order. 

Petitioner is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 28^th day of September 2022