Judge: Audra Mori, Case: 22STCV01929, Date: 2023-02-16 Tentative Ruling

Case Number: 22STCV01929    Hearing Date: February 16, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Alvaro Galdamez (“Alvaro”), Lissette Galdamez (“Petitioner”), Raymundo Armaqnac (“Armaqnac”), Rebecca Galdamez (“Rebecca”), a minor by and through her guardian ad litem, Petitioner, and Lilibeth Galdamez (“Lilibeth”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendant Damany A. Brown-Burdier (“Defendant”) for damages arising from a motor vehicle accident. 

Petitioner now moves for approval of compromise of claim for Rebecca.  Defendant allegedly crashed into the back of Plaintiffs’ vehicle, in which Rebecca was a passenger.  Rebecca suffered trauma and a closed head injury.  Rebecca has recovered completely form the effects of the injuries.

The parties have agreed to settle the case for the total amount of $50,000.00, with $5,000.00 being apportioned to Alvaro, $18,000.00 to Raymundo, $18,000.00 to Petitioner, $4,500.00 to Lilibeth, and $4,500.00 to Rebecca. 

Pertaining to Rebecca, if the settlement is approved, $1,609.48 will be used for medical expenses, $1,125.00 for attorney’s fees, and $113.60 for costs.  Petitioner proposes to have the net balance of $1,651.92 be paid directly to her, without bond. 

            The Court notes that Petitioner filed two petitions concerning Rebecca for the instant hearing- one on January 23, 2023, and the other on February 3, 2023.  The petitions are each defective and denied without prejudice for the following reasons:

·       Petitioner did not submit Attachment 18b(5) with either petition, which must state the name and address of the parent and money to be delivered. 

·       The petition filed on January 23, 2023, was not signed by either Petitioner or Plaintiffs’ counsel.

·       The petition filed on February 3, 2023, did not provide at least 15 days’ notice prior to the hearing.  (Prob. Code §§ 1460, 2506.)

Pursuant to CRC 7.952, Rebecca and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Rebecca herein is 16 years old, so the Court will require Rebecca and Petitioner to appear at the hearing on a new petition curing the above defects. 

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 16^th day of February 2023