Judge: Daniel M. Crowley, Case: 20STCV36779, Date: 2022-09-21 Tentative Ruling

Case Number: 20STCV36779    Hearing Date: September 21, 2022    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor, Kailah S. Velazquez

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

BACKGROUND

On September 25, 2020, Plaintiffs Zoe Valenzuela (“Valenzuela” or “Petitioner”) and Kaliah Velazquez (“Velazquez”) filed this action against Defendant Tyler Perron (“Defendant”) for motor vehicle negligence, and general negligence. On November 3, 2020, Defendant filed his answer.

On July 15, 2022, Petitioner filed a Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor Plaintiff to be heard on August 17, 2022. The Court continued the hearing on the motion to September 21, 2022.

PARTY’S REQUESTS

Petitioner Zoe Valenzuela asks the Court to approve the compromise of the pending action on behalf of Plaintiff Kaliah Velazquez.

DISCUSSION

Petitioner has submitted an incomplete application. Petitioner did not fill out Sections 12(a) or 14(b). In Section 18, Petitioner only requests the distribution of $20,000.00 into a blocked account. The residual funds are only addressed in Section 20, in which Petitioner requests it be paid to Petitioner. There are two potential options in Section 18 that would allow for a similar type of distribution, but Petitioner has selected neither. In addition, both of those options require additional attachments, which Petitioner has not provided. Petitioner needs to resubmit the petition, indicating which option she wants for distribution of funds.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Kailah Velazquez is DENIED.

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.