Judge: Audra Mori, Case: 20STCV41248, Date: 2023-03-03 Tentative Ruling

Case Number: 20STCV41248    Hearing Date: March 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Xiuying Lin (“Petitioner”) and Peggy Wen (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendants Yuehua Jin (“Defendant”) for damages arising from a motor vehicle accident.  Claimant suffered a headache, dizziness, neck pain, and right shoulder pain as a result of the accident; Claimant has now recovered completely from the effects of the injuries. 

The parties have agreed to settle the case for the total amount of $150,000.00, with $100,00 being apportioned to Petitioner and $50,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $4,272.47 will be used for medical expenses, $12,500 for attorney fees, and $317.22 for costs.  The net balance of $32,910.69 will be deposited into a blocked account. 

            The petition is denied without prejudice for the following reason:

·       The Court cannot locate Attachment 11b(6) pertaining to the apportionment of the settlement payment between Petitioner and Claimant.  Petitioner must submit Attachment 11b(6), which must contain sufficient information regarding each Plaintiff’s injuries and special damages as to allow the Court to determine the reasons for the proposed apportionments.  This information is required before the Court can approve the petition. 

Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Claimant herein is only 12 years old and was only eight when the incident occurred.  The Court finds Claimant’s age constitutes good cause to excuse her appearance.  Only Petitioner will be required to appear at the hearing on an 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 3^rd day of March 2023