Judge: Audra Mori, Case: 21STCV40058, Date: 2022-08-26 Tentative Ruling

Case Number: 21STCV40058    Hearing Date: August 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Irene Gudino Alvarez (“Petitioner”) and Chelsea Love Manzo (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendants Mitsubishi Electric US Holdings, Inc. and Samy Abdulhamid Bawahab (“Bawahab”) for damages arising from a motor vehicle accident.  Claimant suffered a concussion, neck pain, bilateral shoulder pain, bilateral knee pain and abdominal pain because of the accident.  Claimant has now recovered completely from the effect of the injuries. 

The parties have agreed to settle all claims with Defendant Bawahab for the total amount of $65,300.00 with $10,000 being apportioned to Claimant and $55,300 to Petitioner.  Pertaining to Claimant, if the settlement is approved, $3,020.65 will be used for medical expenses, $2,500.00 for attorney fees, and $254.60 will be used for costs.  The net balance of $4,224.75 will be deposited into a blocked account. 

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorney fees requested in the petition fair and reasonable, in that they amount to 25% of the minor’s settlement.  

However, on page 10 of the petition Petitioner did not sign the petition.  Petitioner’s signature under penalty of perjury is required before the Court can process the petition.  Therefore, the hearing will be continued for Petitioner to file an amended petition with her signature and all required attachments. 

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 ten years old and was only seven when the accident occurred.  Therefore, only Petitioner will be required to appear at the hearing on an amended petition; Petitioner is encouraged to appear remotely.

The hearing on the petition is continued to _______________________.  Petitioner must file the amended petition at least 15 days before the hearing date. 

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 26^th day of August 2022