Judge: Daniel M. Crowley, Case: 20STCV02230, Date: 2022-08-12 Tentative Ruling

Case Number: 20STCV02230    Hearing Date: August 12, 2022    Dept: 28

Petitioner Benjamin Mata’s Petition to Approve Compromise of Pending Action on Behalf of Minor

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

BACKGROUND

On January 17, 2020, Plaintiff Nathan Decorah, by and through his guardian ad litem, Benjamin Mata (“Plaintiff”) filed this action against Defendant RUMAC PARTNERS, DBA McDonald's #15660 (“McDonald’s”) and Alan Ruby (“Ruby”) for premises liability. Plaintiff later amended the complaint to include Defendant Estate of Alan Ruby, Deceased (“Estate”) and Cedar Corp. (“Cedar”).

On May 18, 2020, McDonald’s filed its answer and a Cross-Complaint against Cross-Defendant Benjamin Mata (“Cross-Defendant” or “Petitioner”).

On April 13, 2022, Petitioner filed a Petition to Approve Minor’s Compromise to be heard on April 15, 2022. The Court continued the hearing on the motion to August 12, 2022. Petitioner submitted a supplemental declaration on June 16, 2022, and a certificate for mailing on July 27, 2022.

PARTY’S REQUESTS

Petitioner Benjamin Mata asks the Court to approve the compromise of the pending action on behalf of Plaintiff Nathan Decorah.

DISCUSSION

Petitioner has submitted proper notice; however, there are issues with the proposed order, filed April 12, 2022 and not amended since. The order does not include any of the additional requirements raised in the Court’s last order on this petition.  The proposed order attaches the SNT instrument but has no other language addressing any SNT issues. Petitioner also did not check the box or specify that any liens would be paid. Petitioner will need to submit an amended order that fixes the identified issues.

CONCLUSION

The Hearing on the Petition to Approve Compromise of the Pending Action on Behalf of Minor Nathan Decorah is CONTINUED to September 7, 2022 at 1:30 PM in Department 28 at the Spring Street Courthouse.

            Petitioner is ordered to give notice of this ruling.

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.