Judge: Katherine Chilton, Case: 21STLC05917, Date: 2023-05-09 Tentative Ruling

Case Number: 21STLC05917     Hearing Date: May 9, 2023    Dept: 25

PROCEEDINGS:      PETITION FOR EXPEDITED APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR  

MOVING PARTY:   Petitioner Maricela Torres on behalf of Jose Manuel Ponce  

RESP. PARTY:         None

PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950.5; Prob. Code § 3505.)

TENTATIVE RULING:

The Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor is PLACED OFF CALENDAR.  

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None               [   ] Late                        [X] None

REPLY:                     None               [   ] Late                        [X] None

ANALYSIS:

I.                Background & Discussion

            On August 12, 2021, minor Plaintiff Jose Manuel Ponce (“Ponce”) through his parent Maricela Torres (“Torres”) filed an action for personal injury against Defendant Rice Wok Fast Food, Inc. (“Defendant” or “Rice Work”). Torres was appointed as guardian ad litem for minor Claimant on August 23, 2021. (8-23-21 Application and Order for Appointment of Guardian Ad Litem.)

            Defendant filed an Answer to the Complaint on September 24, 2021.

            On January 3, 2023, Plaintiff filed a Notice of Settlement. On March 6, 2023, Torres (“Petitioner”) filed the instant Expedited Petition to Approve Minor’s Compromise of Disputed Claim (“Petition”). No opposition has been filed.

            The Court issued an order on March 23, 2023 identifying several errors in the Petition. (03/23/23 Minute Order.) As a result, the Court set the matter for hearing and ordered Petitioner to file and serve supplemental papers correcting the errors at least 16 court days before the scheduled hearing. (Id.)  

            To date, Petitioner has not filed any supplemental papers. As such, the Petition is PLACED OFF CALENDAR.  

II.              Conclusion & Order

For the foregoing reasons, the Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor is PLACED OFF CALENDAR.