Judge: Audra Mori, Case: 20STCV47029, Date: 2023-01-13 Tentative Ruling

Case Number: 20STCV47029    Hearing Date: January 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Tahj Stephens (“Minor Claimant”), by and through his guardian ad litem, Sheena Waight (“Petitioner”) filed this action against Defendants Mark William Mann (“Mann”) and Long Beach Little League, Inc. for damages arising from a dog bite.  Minor claimant was practicing baseball in Stearns Park.  Defendant Mann’s dog was unleashed in the park, and the dog attacked and injured Minor Claimant.  The dog bit Minor Claimant, causing lacerations and puncture wounds.  Minor Claimant required three sutures for punctured wounds from the bite and was seen by a doctor and psychologist.  Minor Claimant has now recovered completely from the effects of the injuries. 

Defendant Long Beach Little League, Inc. has agreed to pay the total amount of $105,000.00 to settle the case with Minor Claimant.  Of this total, if the settlement is approved, $845.43 will be used for medical expenses, $26,250.00 for attorney fees, and $585.10 for costs.  The net balance of $77,319.47 will be deposited in insured accounts, subject to withdrawal only upon the authorization of the court.

However, the Court cannot locate any attachments to the Petition, making it incomplete.  For example, the final Medi-Cal demand letter or letter agreement is not attached to the Petition as Attachment 13, although a lien is identified.  There are no documents attached to evidence the medical expenses.  Petitioner did not attach Attachment 19b(2), which must provide the name, branch and address of the financial institution the funds are to be deposited into.   While Petitioner provides a “Notice of Lodgment” of various documents, there are no documents attached to the Notice, and the Notice indicates that the exhibits are neither organized nor attached to the Petition as required.

Further, it is unclear that the Petition itself is complete.  As just one example, there is no information provided in Section 12.  There are other Plaintiffs to this action, and it is unknown whether they are also receiving settlement payments.

Additionally, although the Petitioner purported to file an attorney declaration regarding the fees requested, the declaration is simply a caption page and contains no substantive statement and thus does not include the basis for the fees.  It is also not attached to the Petition as it should be.

For all of the foregoing reasons, the Petition is denied without prejudice to refiling an Amended Petition.  The court will not grant a continuance of the hearing on the instant Petition, as a corrected Amended Petition must be filed. 

As a note for the future, pursuant to CRC 7.952, the Minor Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Minor Claimant is 14 years old.  The court will thus require the Minor Claimant and Petitioner to appear at the hearing on an Amended Petition.  They are encouraged to appear remotely. 

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 13^th day of January 2023