Judge: Audra Mori, Case: 22STCV10978, Date: 2023-01-26 Tentative Ruling

Case Number: 22STCV10978    Hearing Date: January 26, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Vivian Mendoza (“Vivian”), a minor, Lily Mendoza (“Lily”), a minor by and through her guardian ad litem, Misty Omar (“Petitioner”), and Petitioner filed this action against Defendants Sarah Listyo and Gondodinarvo Listyo (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Vivian suffered injuries to her “right arm, right eye and temple, shoulders and clavicals [sic], mouth and cheeks.”  (Petition ¶ 7.)  Vivian has now recovered completely from the effects of the injuries.  Lily suffered broken ribs, internal long bruising and bleeding, and a concussion.  Lily has recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle all claims with Defendants for the total amount of $118,393.98, with $28,666.66 being apportioned to Vivian, $63,836.66 to Lily, and $25,890.66 to Petitioner. 

Pertaining to Vivian, if the settlement is approved, $10,253.91 will be used for medical expenses, $7,166.67 for attorney fees, and $256.21 will be used for costs.  Petitioner indicates that there is a guardianship of the estate of the minor and proposes the net balance of $10,989.87 be deposited into a blocked account. 

Pertaining to Lily, if the settlement is approved, $4,462.54 will be used for medical expenses, $15,959.17 for attorney fees, and $410.91 will be used for costs.  Petitioner indicates that there is a guardianship of the estate of the minor and proposes the net balance of $43,004.04 be deposited into a blocked account.

The petitions for Vivian and Lily are denied without prejudice for the following reasons:

·       The Court’s records show that Petitioner was appointed Lily’s guardian ad litem on April 5, 2022.  However, the Court cannot locate an order appointing Petitioner guardian ad litem for Vivian.  Appointment as a guardian ad litem is a prerequisite to petitioning the Court for the requested relief.  The Court cannot grant a petition for Vivian until a guardian ad litem is appointed for her. 

·       Attachment 12 submitted with each Vivian’s and Lily’s petition does not contain sufficient information regarding the apportionment of the settlement payments between Vivian, Lily, and Petitioner.  Petitioner must provide the reasons for the apportionment of the settlement payments to each plaintiff, including any information concerning each plaintiff’s medical special damages and injuries. 

·       For each petition, Petitioner marked item 19a(3) indicating that there is a guardianship of the estate of the minors, but Petitioner proposes the proceeds of the settlement not become part of the estate.  It would appear that Petitioner may have marked items 19a(3) in error, as Petitioner did not submit proof of a guardianship of estate for either Vivian or Lily.  If there is no guardianship of estate for Vivian or Lily, Petitioner should mark item 19b(2) to the extent Petitioner is proposing to deposit the funds into a blocked account. 

·       Petitioner filed the instant petitions on an outdated version of Judicial Council Form MC-350, Rev. January 1, 2011.  Petitioner must use the updated version of Judicial Council Form MC-350, Rev. January 1, 2021, when filing new petitions for Vivian and Lily.

Pursuant to CRC 7.952, Vivian, Lily, and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Vivian herein is only eight years old, and Lily is only 12 years old.  The Court finds Vivian’s and Lily’s ages constitute good cause to excuse their appearance.  Only Petitioner will be required to appear at a hearing in connection with new petitions 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 26^th day of January 2023