Judge: Audra Mori, Case: BC709788, Date: 2022-09-30 Tentative Ruling

Case Number: BC709788    Hearing Date: September 30, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Alexis Mann (“Mann”), Diana Turpin (“Petitioner” or “Turpin”), Justice Welch (“Claimant” or “Welch”), and Desteny Garcia (“Garcia”) filed this action against Defendants, Madeline Summer Meyer-Wyllie, Rachel Wyllie-Murphy, and Michael J Murphy (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Claimant was a passenger in a vehicle when the vehicle was rear-ended by Defendants’ vehicle.  Claimant suffered injuries to his head, bilateral shoulders, and lower back.  Claimant has now recovered completely from the effects of the injuries. 

The parties have agreed to settle the case for the total amount of $76,585.00, with $39,000 being apportioned to Petitioner, $14,655 to Mann, $9,930 to Garcia and $13,000 to Claimant.  Pertaining to Claimant Welch, if the settlement is approved, $933.41 will be used for medical expenses, $3,250.00 for attorneys’ fees, and $331.99 will be used for costs.  The net balance of $8,484.60 will be deposited into a blocked account. 

This is Petitioner’s third petition concerning Claimant.  The petition is denied without prejudice for the following reasons:  

·       Attachment 12 states that the “claim has been apportioned between all parties based on special, future and general damages each party accrued or sustained as a result of the subject accident.”  However, Petitioner provides no information concerning what the amount of damages for each plaintiff was for each of these categories.  Petitioner must provide the relevant amount of damages for each plaintiff. 

·       At para. 18, Petitioner indicates counsel has not and does not expect attorney’s fees other than those requested in this petition.  However, all Plaintiffs are represented by the same counsel.  To the extent Counsel is receiving attorneys’ fees from the other plaintiffs’ settlements, they must be disclosed at para. 18.  If attorney’s fees are being paid solely from the Claimant’s settlement, Petitioner must submit a declaration explaining why this is the case.

Petitioner must file all new documents with the foregoing defects cured at Petitioner’s earliest convenience.  Pursuant to CRC 7.952, minor Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Claimant herein is 13 years old according to the date of birth provided, and so the Court will require Claimant to appear.  Petitioner and Claimant must appear at the hearing in connection with an amended petition.

Lastly, Petitioner filed the instant petition on an outdated version of Judicial Council Form MC-350, Rev. January 1, 2011.  The Court asks Counsel who assisted in preparing the petition to use the updated version of Judicial Council Form MC-350, Rev. January 1, 2021, in the future in connection with other actions.

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 30^th day of September 2022