Judge: Kerry Bensinger, Case: 19STCV29554, Date: 2023-03-27 Tentative Ruling

Case Number: 19STCV29554    Hearing Date: March 27, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          Claimants Timarah Sheridan and Zimarah Sheridan, minors, by and through their parent, Kimberly Sheridan (“Petitioner”), have agreed to release their claims against defendants Carlos Pujol and Lyft, Inc. (“Defendants”). 

On December 15, 2023, the Court found Claimants’ petitions to be defective because neither petition included an Attachment 19b(4) identifying the parent to whom the money would be delivered.  Also, Item 8b of the proposed orders incorrectly reflected that the settlements would be deposited in a blocked account, which contradicts each petition’s request to deliver the funds to Claimants’ parent.  Further, Items 10 and 11 of the proposed orders approving the compromises were not filled out. 

The Court additionally noted that no guardian ad litem has been appointed for the Claimants which is required before the petitions can be approved.

On January 20, 2023, Applications and Orders for Appointment of Guardian Ad Litem were filed.  The filings were rejected because (1) the Claimants were not named as plaintiffs in this case, and (2) the dates of birth of each Claimant were not provided in each Application.

The Court notes that no revised proposed order or Application and Order for Appointment of Guardian Ad Litem have been filed for either Claimant. 

At the hearing on March 27, 2023, the Court will inquire regarding the status of the case and whether Defendants require a release of claims from the minor claimants.

Accordingly, the Court CONTINUES the hearing to May 24, 2023 at 1:30 p.m. in Department 27 of the Spring Street Courthouse.  A revised proposed order and supporting paperwork must be filed by May 17, 2023.  Per California Rules of Court, Rule 7.952, the Court finds that Petitioner and Claimant’s appearances are not necessary, but will require Petitioner’s counsel to appear.

Petitioner is ordered 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 27th day of March 2023