Judge: Audra Mori, Case: 20STCV13256, Date: 2022-08-31 Tentative Ruling

Case Number: 20STCV13256    Hearing Date: August 31, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Dunia E. Varela (“Petitioner”) and Christopher D. Rios (“Claimant”) (collectively, “Plaintiffs”), a minor by and through his guardian ad litem, Petitioner, filed this action against Defendants Aaron Sanderlin and Jacqueline L. Sanderlin for damages arising from a motor vehicle accident.  Defendants’ vehicle allegedly ran a red light and collided with Plaintiffs’ vehicle.  Claimant was scared and nervous as a result of the accident but suffered no physical injuries.  Claimant has recovered completely from the effects of the injuries. 

The parties have agreed to settle the claims for the total amount of $6,000.00, with $5,000 being apportioned to Petitioner and $1,000.00 to Claimant.  Pertaining to Claimant, if the settlement is approved, $205.53 will be used for medical expenses, $250.00 for attorney’s fees, and $44.47 for costs.  Petitioner requests that the net balance of $500 be held on any conditions the Court determines are in the best interest of Claimant. 

The Court notes that in connection with a previous expedited petition to approve minor’s compromise, Petitioner indicated that Claimant had already been paid the balance of $500.00 in a settlement check from Defendants.  (Min. Order, July 18, 2022.)  The Court found Counsel’s disbursement of the settlement funds without approval to be unreasonable and ordered Petitioner to re-submit the petition with a noticed hearing date.  (Ibid.) 

The instant petition is denied without prejudice for the following reasons:

·       Petitioner did not submit Attachment 11b(6) pertaining to the apportionment of the settlement, which must state the reasons for the proposed settlement payments between Claimant and Petitioner, including any information concerning Claimant’s and Petitioner’s medical specials.  Furthermore, Petitioner should provide her name at item 111b(5) since she is receiving a settlement payment from Defendants.

·       At item 17, Petitioner indicates that Plaintiffs’ counsel is not representing any other party involved in this matter.  The Court’s records show that Petitioner and Claimant are represented by the same counsel.  To the extent that counsel is receiving attorney fees from Petitioner’s settlement, they must be disclosed in item 17c or 17f. 

·       Petitioner at item 18b(8) requests the settlement money be held on any conditions the Court determines are in the best interest of Claimant and represents the proposed conditions are specified on Attachment 18b(8).  However, Petitioner did not submit an Attachment 18b(8) with the petition, and so, it is unclear what conditions Petitioner is proposing.  The Court notes that Petitioner submitted a proposed order to place funds in a blocked account on Judicial Council Form MC-355.  If Petitioner is proposing to place the funds in a blocked account, Petitioner must mark item 18b(2) and provide the relevant information in an Attachment. 

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 13 years old, and thus, Petitioner and Claimant will be required at the hearing on an amended petition with the above defects cured.  They may appear remotely at the hearing on the amended petition.

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 31^st day of August 2022