Judge: Daniel M. Crowley, Case: BC684633, Date: 2022-10-14 Tentative Ruling

Case Number: BC684633    Hearing Date: October 14, 2022    Dept: 28

The Court wishes to speak with Plaintiff's counsel regarding this tentative:



Petition to Approve Compromise of Pending Action on Behalf of Minor Gerson Martinez-Vasquez

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

 

BACKGROUND

On November 22, 2017, Plaintiff Gerson Martinez-Vasquez (“Plaintiff”), a minor, by and through his Guardian Ad Litem Olga Martinez, filed this action against Defendants Los Angeles Boys and Girls Club (“LABGC”) and Juana Lambert (“Lambert”) for negligence, premises liability, negligent hiring, and negligent supervision. 

On September 7, 2022, Petitioner submitted a Petition for Approval of Minor’s Compromise to be heard on October 14, 2022.

PARTY’S REQUESTS

Petitioner Olga Martinez asks the Court to approve the compromise of the pending action on behalf of Plaintiff Gerson Martinez Vasquez.

 

DISCUSSION

Petitioner’s application is complete with most applicable attachments. The Court finds the following issues:

  1. Plaintiff’s counsel checked box 3(a) but filled out 3(b).  3(b) should have been checked.

  2. Plaintiff’s counsel seeks $2,500 for the creation of a Special Needs Trust.  Was this approach abandoned following the Court’s August 10, 2022 ruling?

  3. Plaintiff’s counsel has checked both box 18(b)(2) and 18(b)(8).  There is no attachment relating to either box.  Based upon the information expressed at box 20, the Court assumes Plaintiff’s counsel is requesting 18(b)(2).  If so, the Court still needs to know the identity of the bank at which the blocked account will be opened.   

  4. Plaintiff needs to submit an order approving the petition (MC-351) and an order to deposit funds into a blocked account (MC-355

 

CONCLUSION

The Petition to Approve Compromise of Pending Action on Behalf of Minor Gerson Martinez Vasquez filed by Petitioner Daniel Olga Martinez is continued to October 28, 2022 at 1:30 p.m.  Plaintiff is ordered to submit completed MC-351 and MC-355 forms.

            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.