Judge: Audra Mori, Case: 19STCV21470, Date: 2023-02-06 Tentative Ruling

Case Number: 19STCV21470    Hearing Date: February 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Juan Cox (“Juan”), Maria Tunche (“Tunche”), and Michael Cox (“Claimant”), a minor by and through his guardian ad litem, Julio Antonio Cox (“Petitioner”), filed this action against Defendants Liam Roberts and Postmates Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Claimant was a passenger in a vehicle driven by Juan when the accident occurred.  Claimant suffered a “blow to the head and minor cuts and bruises [and] Suspected brain injury.”  Claimant has now recovered completely from the effects of the injuries. 

The parties have agreed to settle the case for the total amount of $380,000.00, with $125,000 being apportioned to Juan, $205,000 to Tunche, and $50,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $7,118.11 will be used for medical expenses and $12,000.00 for attorney fees.  The net balance of $30,811.89 will be deposited into a blocked account. 

The petition is denied without prejudice for the following reasons.  

·       In Attachment 11b(6) Petitioner states only, “No apportionments were made.”  This is insufficient to comply with the requirements to grant a petition for approval of compromise of claim.  Petitioner must provide in Attachment 11b(6) the reasons that of the total settlement of $380,000 being paid to settle the action, $50,000 is being paid to Claimant, $125,000 to Juan, and $205,000 to Tunche to settle each plaintiffs’ claims.  Attachment 11b(6) should include any information concerning each of Claimant's, Juan’s and Tunche’s injuries and special damages caused by the accident.  The Court cannot approve the petition without this information. 

·       At ¶ 17f, Petitioner indicates Counsel is representing other parties involved in this matter but does not expect to receive attorney fees other than those requested in the petition.  To the extent Counsel is receiving attorney fees from Juan’s or Tunche’s settlement amounts, the attorney fees must be disclosed at ¶ 17f.  If attorney fees are being paid solely from Claimant’s settlement, Petitioner must submit a declaration explaining why this is the case. 

·       Petitioner’s proposed orders submitted on Judicial Council forms MC-351 and MC-355 are incomplete and missing required information.  For example, neither proposed order provides the balance of the settlement amount for Claimant.  Petitioner must submit proposed orders with all required information filled out. 

Pursuant to CRC 7.952, Claimant and Petitioner must appear at a hearing on this matter unless the Court finds good cause to excuse their appearance.  Claimant herein is 17 years old, and so the Court will require Claimant to appear along with Petitioner at the hearing on an amended petition addressing the above defects. 

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 6^th day of February 2023