Judge: Jill Feeney, Case: 19STCV46322, Date: 2023-04-24 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV46322    Hearing Date: April 24, 2023    Dept: 30

Moreno, et al  vs.  Valdez, et al

Motion to Set Aside Dismissal and Expedited Petition to Approve Compromise of Aubrey and Jaiden Spencer

Orders:

Motion to Set Aside Dismissals is granted.

Expedited Petition to Approve Compromise of Aubrey and Jaiden Spencer denied without prejudice.

Moving party to give notice.

Court allows the expedited petition without a hearing as long as Petitioner uses the required Judicial Council forms and meets certain conditions.  Not only are many deficiencies present in MC-350EX as to both claimants, Petitioners wholly failed to file form MC-351. 

As to MC-350EX deficiencies include but are not limited to errors such as Item 2e being erroneously checked as minors do not have capacity to consent to an order, the form not acknowledging that the settlement exceeds $50,000, item 11a being blank, and so forth.  Counsel needs to make sure the form is filled out accurately and completely, and seek further counsel if necessary.

Counsel for Plaintiffs to appear at the hearing to speak with the Clerk Re:  Continuance of the OSC