Judge: Audra Mori, Case: 22STCV14280, Date: 2023-01-13 Tentative Ruling

Case Number: 22STCV14280    Hearing Date: January 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Katherine Alfaro (“Minor Claimant”), by and through her guardian ad litem, Manuel Antonio Alfaro, and Manuel Antonio Alfaro, as an individual, allege that in December 2020, in the City of Huntington Park, Defendant Jorge Alberto Mendez, while driving a delivery truck, collided with the rear end of Plaintiffs’ vehicle causing injury to Plaintiffs.  Plaintiffs allege that Mendez was employed by Defendant Eberine Enterprises, Inc. dba Euro Coffee and was working within the scope of employment at the time of the accident.  Minor Claimant suffered soft tissue injuries in her lower spine, which required physical therapy, MRIs, and appointments with an orthopedic specialist.  The claimant has recovered completely from the effects of the injuries. 

On December 22, 2022, a Petition was filed indicating that the parties have agreed to settle all claims with Defendants for the total amount of $3,050,000, $100,000.00 of which would go to Minor Claimant, with $2,950,000.00 apportioned to Plaintiff and Petitioner, Manuel Antonio Alfaro.  

However, on January 6, 2023, Petitioner filed a 114-page Notice of Errata.  The Notice states, “Petitioner’s Minors Compromise (MC-350)  filed on December 22, 2022 inadvertently contained several errors, including the amount payable to Manuel Alfaro (page 3) and the attorney’s fees owed by Manuel Alfaro (page 7).  Further, the Order to Approve the Minor’s Compromise (MC-351) inadvertently failed to include the Petitioner’s name and Claimant’s name.”  Review of the document shows that it is not merely a Notice of Errata.  It is actually a new, Amended Petition, which supplants the original Petition.  In addition, Petitioner separately filed the Amended Petition on January 6, 2023.

The Amended Petition is untimely, as it was just five court days prior to the hearing.  A petition to approve a minor’s compromise requires at least 15 days’ notice prior to the hearing.  (Prob. Code §§ 1460, 2506.)  Therefore, the Petition and Amended Petition set for hearing on January 13 are denied without prejudice.  Petitioner must comply with all filing and notice requirements when re-filing the Amended Petition.  An oral request to continue the hearing on the instant collection of petition(s) and Notice of Errata will not be entertained.  

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 13^th day of January 2023