Judge: Kerry Bensinger, Case: 19STCV22914, Date: 2023-04-17 Tentative Ruling

Case Number: 19STCV22914    Hearing Date: April 17, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       BACKGROUND

On November 1, 2019, Plaintiffs Magdalena Blas Martinez; Diego Solano Blas, a minor by his Guardian ad litem, Magdalena Blas Martinez; Nancy Solano, a minor by her Guardian ad litem, Magdalena Blas Martinez; and Cindy Solano, a minor by her Guardian ad litem, Magdalena Blas Martinez filed this action against Defendant Michelle Myong Yoo, asserting causes of action for (1) Motor Vehicle Negligence; and (2) Negligent Infliction of Emotional Distress.

On August 2, 2021, a notice of settlement was filed.

On July 5, 2022, the Court denied without prejudice Petitioner Magdalena Blas Martinez’s (hereinafter “petitioner”) expedited petition for minor’s compromise.

On November 10, 2022, Petitioner filed a renewed expedited petition.  The Court reviewed the Petition on February 3, 2023 and found that the proposed settlement was fair and reasonable.  However, because the amounts provided in the Petition did not match the proposed order, the Court continued the hearing to allow Petitioner to file a revised proposed order.

On April 3, 2023, Petitioner filed a revised proposed order.

The Court has reviewed the revised proposed order and finds that Petitioner has corrected the deficiencies noted in the Court’s February 3, 2023 order.  However, the Petition cannot be approved at this time because Petitioner did not submit a revised Proposed Order to Deposit Funds in Blocked Account (Form MC-355) which reflects the amounts provided in the Petition and the revised proposed order.

Accordingly, the Petition is CONTINUED to April 28, 2023 at 8:30 a.m. in Department 27 of Spring Street Courthouse to allow Petitioner to file a revised proposed order to deposit funds in a blocked account (MC-355) no later than five days before the next hearing date.

Additionally, based on the declaration of Petitioner’s Counsel, the Court DISCHARGES the OSC re: Why counsel for Petitioner should not be sanctioned for their failure to comply with the minute order dated 02/03/2023.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  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.

        Dated this 17th day of April 2023