Judge: Kerry Bensinger, Case: 19STCV37768, Date: 2023-05-02 Tentative Ruling



Case Number: 19STCV37768    Hearing Date: May 2, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DAVID CORONA, a minor, by and through his Guardian ad Litem, Monica Martinez 

Plaintiff, 

vs. 

 

POMONA UNIFIED SCHOOL DISTRICT, 

 

Defendant. 

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     CASE NO.: 19STCV37768 

 

[TENTATIVE] ORDER RE:  

 

EXPEDITED PETITION TO CONFIRM MINOR’S COMPROMISE  

 

Dept. 27 

1:30 p.m. 

May 2, 2023 

 

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 documentsThe Court found that the petition was still deficient.  Specifically, 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.   

The Court notes that Petitioner has not filed a new petition.  Accordingly, the Order to Show Cause Re: Dismissal (Settlement) -minor is continued to June 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 2nd day of May 2023  

 

 

 

 

Hon. Kerry Bensinger 

Judge of the Superior Court