Judge: Jill Feeney, Case: 20STCV40550, Date: 2023-02-23 Tentative Ruling
Case Number: 20STCV40550 Hearing Date: February 23, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 23, 2023
20STCV40550
Expedited Petition to Approve Compromise of Darryn Thomas (Age 6)
DECISION
This matter is continued one final time.
The parties are ordered to appear to set a continued hearing date.
Corrected documents must be filed at least five court days in advance of the continued hearing date.
Moving party to provide notice.
Discussion
The Court previously continued the hearing on this motion to allow Petitioner to correct deficiencies with the petition. Petitioner filed amended papers on December 21, 2022. However, there are still deficiencies remaining with the petition. Petitioner must (1) correct the deficiencies in forms MC-350EX and MC-355 and (2) submit an amended declaration from counsel and the fee agreement.
Form deficiencies
MC-350EX
Item 4: This item is incorrect. Petitioner checked box 4c. However, the parties have settled and there is no judgment entered for Claimant against the Culver City Mall.
Item 14a: Although Counsel submitted a declaration, Counsel failed to address the factors of Cal. Rules of Court, Rule 7.955(c). Petitioner again failed to submit the fee agreement.
Item 19: This item is incorrect. Petitioner checked item number 19(a). However, there is no guardianship of the estate of the minor. Petitioner is Claimant’s guardian ad litem. Petitioner must check number 19(b) and select the appropriate option. Since it appears Petitioner intends to place the remaining funds in a blocked account, Petitioner must select 19(b)(2) and attach the requested information.
Item 21: Should not be filled out because Claimant is a minor.
MC-355
Item 5: This is incomplete.
