Judge: Cherol J. Nellon, Case: 21STCV07589, Date: 2023-05-23 Tentative Ruling

Case Number: 21STCV07589    Hearing Date: May 23, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Ashley Mondaca filed by Petitioner Maria Caballero

Having considered the petitioning papers, the Court rules as follows.

BACKGROUND

On February 25, 2021, Plaintiffs Desiree Thabet (“Thabet”), Nathan Baqueiro (“Nathan”), Myles Baqueiro (“Myles”), Izeah Baqueiro (“Izeah”) and the Estate of Abdalla Thabet (“Estate”) filed this action against Defendants Bank of America (“BoA”), Daniel Meza (“Meza”), Walter Meneses (“Meneses”) and Andrew Feusier (“Feusier”) for two causes of action for negligence (wrongful death).

On July 30, 2021, Plaintiffs filed the FAC.

On September 1, 2021, Feusier filed an answer.

On October 1, 2021, BoA filed an answer and a Cross-Complaint against Cross-Defendants Meza and Meneses for equitable indemnity, apportionment and declaratory relief. On March 23, 2022, the clerk entered default against Meneses and Meza.

On February 26, 2021, Plaintiffs Amtrust North America (“ANA”) and Security National Insurance Company (“SNI”) against Defendant BoA for general negligence and premises liability.

On April 2, 2021, BoA filed an answer.

The actions were consolidated on May 18, 2022.

On April 27, 2023, Petitioner Desiree Thabet (“Petitioner”) submitted Petitioners for Approval of Minor’s Compromise to be heard on May 23, 2023.

PARTY’S REQUESTS

Petitioner Maria Caballero asks the Court to approve the compromise of the pending action on behalf of Plaintiff Ashley Mondaca.

DISCUSSION

Petitioner’s applications are incomplete. In Nathan’s application, Petitioner, requested $20,000.00 of the total be paid out to a custodian for the benefit of the minor. Petitioner did not provide an attachment identifying the name and address of the proposed custodian. Petitioner also did not submit any orders that the Court could review to identify the individuals.

Based on the redacted petitions submitted, the unredacted petitions are missing attachments and orders. For example, the unredacted petitions do not have an Attachment 13 or 18(b)(2). Petitioner needs to submit completed versions of the unredacted petitions for the Court to review.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Nathan Baqueiro filed by Petitioner Desiree Thabet is DENIED.

Petition to Approve Compromise of Pending Action on Behalf of Minor Myles Baqueiro filed by Petitioner Desiree Thabet is DENIED.

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.