Judge: Kerry Bensinger, Case: 20STCV47676, Date: 2023-08-04 Tentative Ruling

Case Number: 20STCV47676    Hearing Date: September 7, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 7, 2023                 TRIAL DATE:  Vacated

CASE:                                Mayra Reyes, As Guardian Ad Litem for Anthony Reyes, A Minor v. Norwalk - La Mirada Unified School District, A Public Entity

CASE NO.:                 20STCV47676

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Mayra Reyes

RESPONDING PARTY:     No opposition

            Claimant, Anthony Flores, a minor, by and through his guardian ad litem, Petitioner, Mayra Reyes, has agreed to settle his claims against Defendant Norwalk - La Mirada Unified School District in exchange for $45,000.

            The Court reviewed the Petition on July 7, 2023.  The Court could not approve the Petition because Petitioner did not file an Order to Deposit Funds Into Blocked Account (Form MC-355) and had not completed Items 1, 5, 6, and 7 of the Order Approving Compromise (Form MC-351).  The Court continued the Petition to August 4, 2023 to allow Petitioner to correct the foregoing deficiencies. 

            Petitioner did not submit an amended Petition in advance of the August 4, 2023 hearing.  The Court continued the motion to September 7, 2023 to allow Petitioner to cure the foregoing defects.  The Court also warned that the Petition would be denied if a revised petition is not filed.

            To date, Petitioner has not submitted an amended Petition consistent with the Court’s July 7, 2023 order. 

            Accordingly, the Petition is DENIED.

Moving party to give notice. 

Dated:   September 7, 2023                                                    ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.