Judge: Audra Mori, Case: 21STCV01609, Date: 2022-08-10 Tentative Ruling

Case Number: 21STCV01609    Hearing Date: August 10, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Hope Gilces (“Gilces”) and Lily Fischer (“Claimant”), a minor by and through her guardian ad litem, Kristine Sanders (“Petitioner”), filed this action against Defendant Sandra C. Navarro-Rodriguez (“Defendant”) for damages arising from a motor vehicle accident.  Plaintiffs’ vehicle was rear-ended by Defendant’s vehicle.  Claimant suffered acute vomiting after the accident but has now recovered completely from the effects of the injuries. 

Petitioner now moves for an Order Approving Compromise of Claim or Action.  The court notes that Petitioner filed a petition concerning Claimant on July 13, 2022, and July 18, 2022.  The court will address the petition filed on July 18 only. 

The parties have agreed to settle all claims with Defendant for the total amount of $12,200.00, with $2,100 being apportioned to Claimant and $10,100 to Gilces.  Pertaining to Claimant, if the settlement is approved, $230.63 will be used for medical expenses, $525.00 for attorneys’ fees, and $486.56 will be used for costs.  Petitioner provides there is a guardianship of the estate of the minor and requests that $857.81 be paid or delivered to a parent of the minor, without bond.     

The petition is denied without prejudice for the following reasons:

·       The court cannot locate Attachment 11b(6), which must provide the reasons for the apportionment of the settlement payments between Gilces and Claimant.  The attachment should include detailed information concerning Gilces’ and Claimant’s medical specials as to allow the court to determine the reasons for the proposed apportionments.  Petitioner’s previous petition was denied in part because of this same reason.  This information is required before the court can approve the settlement, and thus, Petitioner must file Attachment 11b(6).

·       The court cannot locate Attachment 18b(5), which must identify the money and the name and the address of the parent to who the money will be paid.[1] 

The court advises Petitioner’s counsel to tab the Attachments when filing a new petition to facilitate review of the documents attached to 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 four years old and was only two when the incident occurred.  The court finds Claimant’s age constitutes good cause to excuse her appearance.  The court wishes to hear from Petitioner concerning the payment of the funds to Petitioner, without bond, and the court wishes to know how Petitioner plans to use the funds in order to determine whether this is an appropriate arrangement.  Therefore, if a sufficient amended petition is filed, Petitioner will be expected to appear 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 10^th day of August 2022