Judge: Audra Mori, Case: 21STCV05303, Date: 2023-01-04 Tentative Ruling

Case Number: 21STCV05303    Hearing Date: January 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Michelle Thacker (“Petitioner”), Alyssa Marie Moore (“Moore”), Ashlee Marie Thacker (“Ashlee”), and Taylor Nichole Thacker (“Taylor”) filed this action against Defendants Jose Luis Meza Cisneros and Inland Lease/Rental, and Eversoft, Inc. for damages relating to the alleged wrongful death of Decedent Lance Kent Thacker (“Decedent”) arising from a motor vehicle accident.  Ashlee and Taylor (collectively, “Minor Claimants”) are minors appearing by and through their guardian ad litem, Petitioner.  The Minor Claimants suffered the loss of economic support, society, comfort, and attention of Decedent.

The parties have agreed to settle the claims with Defendants for the total amount of $40,000.00, with $32, 500 being apportioned to Petitioner, $2,500 to Moore, $2,500 to Ashlee, and $2,500 to Taylor.  Pertaining to the Minors Claimants, if the settlement is approved, attorney fees have been waived as to their settlement amounts, and Petitioner proposes to have the $2,500.00 for each Ashlee and Taylor paid directly to her without bond. 

The Court has reviewed the settlement and finds it fair and reasonable. 

The Court’s only concern is that Petitioner did not submit Attachment 18b(5) with the petitions, which must provide the name and address of the parent the money is to be delivered to.  Therefore, Petitioner is ordered to file an amended petition for the Minor Claimants with Attachment 18b(5) prior to the hearing. 

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.  Ashlee herein is only eight years old, and Taylor is only seven years old.  The Court finds the Minor Claimants’ ages constitute good cause to excuse their appearance.  Consequently, if the required Attachments are filed and received prior to the hearing, Petitioner only will be expected to appear at the hearing on the petitions.  Petitioner is encouraged to appear remotely.  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 the Court receives the attachments and is satisfied with Petitioner’s testimony at the hearing, the petitions will be granted, and the Court will sign the proposed orders to approve the settlement. 

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 4^th day of January 2023