Judge: Kerry Bensinger, Case: 22STCV14334, Date: 2023-10-13 Tentative Ruling

Case Number: 22STCV14334    Hearing Date: October 13, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 13, 2023                               TRIAL DATE:  October 27, 2023

CASE:                                Ariana Escobar v. Classic Motor Inn, Inc., et al.

CASE NO.:                 22STCV14334

EXPEDITED PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner William Escobar

RESPONDING PARTY:     No opposition

            Claimant, Ariana Escobar, a minor, by and through her parent and guardian ad litem, Petitioner, William Escobar, has agreed to settle her claims against Defendants Classic Motor Inn, Inc., G6 Hospitality LLC, and G6 Hospitality Franchising, LLC in exchange for $4,999.99.

            The Court reviewed the Petition on July 13, 2023.  The Court noted several defects and continued the hearing to allow Petitioner to file an amended Petition.

            On July 28, 2023, Petitioner filed an amended Petition.  The Court could not approve the Petition because the Petitioner intended to deposit the settlement balance in a Well Fargo Bank in Phoenix, Arizona despite selecting Item 19b(2) which provides deposit of the settlement balance in a financial institution in the State of California.  

            On September 1, 2023, Petitioner filed an amended Petition.  The Court found Petitioner had cured the defects noted in the Court’s previous order.  The Court further found the settlement and request for attorney’s fees to be fair and reasonable.  However, the Petition could not be approved because Petitioner did not submit an amended Form MC-355.

            The Court notes that an amend Form MC-355 has not been filed. 

            Accordingly, the Status Conference for the Petition is CONTINUED to October 27, 2023, at 8:30 a.m. in Department 27 of the Spring Street Courthouse.  Petitioner is to file an amended Form MC-355 no later than 5 court days before the conference.

Moving party to give notice. 

Dated:   October 13, 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.