Judge: Kerry Bensinger, Case: 19STCV37768, Date: 2023-04-18 Tentative Ruling

Case Number: 19STCV37768    Hearing Date: April 18, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       BACKGROUND

On October 21, 2019, Plaintiff David Corona, a minor, by and through his Guardian ad Litem, Monica Martinez filed this action against Defendant Pomona Unified School District, asserting causes of action for (1) General Negligence and (2) Premises Liability.

On May 24, 2022, a notice of settlement was filed.

On October 7, 2022, the Court denied without prejudice Petitioner Monica Martinez’s expedited petition for minor’s compromise.

On November 16, 2022, Petitioner filed a renewed expedited petition.  The Court reviewed the Petition on December 12, 2022.  Because the revised proposed order was incomplete, the Court continued the hearing to January 17, 2022.  On that date, the Court noted that Petitioner had yet to file a revised petition and continued the hearing to February 22, 2023.

On February 22, 2023, the Court noted that Petitioner filed a revised proposed order on January 11, 2023, but not a new petition.  The Court also noted that its initials concerns had not been addressed: (1) that Petitioner did not provide evidence that a guardianship of the minor’s estate is needed, or (2) explain why the money should not be deposited into an insured account, or (3) invested in a single-premium deferred annuity instead.

On March 6, 2023, Petitioner filed a revised petition and supporting documents. 

The Court has reviewed the Petition and finds that it is deficient.  Item 8a(1) of the proposed order approving the compromise (MC-351) and proposed order to deposit funds in blocked account (MC-355) each indicate that the settlement balance is to be deposited in a blocked account.  However, Petitioner still checks Item 19b(1) of the Petition (MC-350EX) seeking appointment of a guardianship of the minor’s estate without providing evidence that a guardianship is necessary.  Petitioner still does not address the Court’s initial concerns.

Accordingly, the Petition is CONTINUED to May 2, 2023 at 1:30 p.m. in Department 27 of Spring Street Courthouse to allow Petitioner to file a revised Petition or to submit evidence that a guardianship is necessary.

On the Court's own motion, the Order to Show Cause Re: Dismissal (Settlement) -minor is continued to May 2, 2023 at 1:30 PM in Department 27 of Spring Street Courthouse.

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 18th day of April 2023