Judge: Kerry Bensinger, Case: BC685865, Date: 2023-02-22 Tentative Ruling

Case Number: BC685865    Hearing Date: February 22, 2023    Dept: 27

  

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ANDREA JULISSA AVELLANEDA LOPEZ, et al,

                   Plaintiff(s),

          vs.

 

POMONA UNIFIED,

 

                   Defendant(s).

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      CASE NO.: BC685865

 

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE

 

Dept. 27

1:30 p.m.

February 22, 2023

 

Claimant Andrea Julissa Lopez Avellaneda (“Claimant”), a minor, by and through their parent and guardian ad litem, Luis Francisco Lopez (“Petitioner”), has agreed to settle her claims against Defendant Pomona Unified School District (“Defendant”) in exchange for $15,000. If approved, $6,000 will be used for expenses, leaving a balance of $9,000 for Claimant. Attorney’s fees are not sought and no medical expenses will be paid from the settlement.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) 

The petition cannot be approved because it is incomplete. While the Court finds the settlement reasonable, Petitioner has not filled out Items 10.b, 12.b, or 18.b (it appears Item 18.b(2) should be checked). Further, Petitioner has not provided any relevant medical records, only bills, and has not provided the attorney retainer agreement as required by Item 17.a(2). Further, if the petition seeks to have the $9,000 deposited in insured accounts, the name, branch, and address of each depository must be provided in Attachment 18b(2).

Accordingly, the hearing to approve the petition is CONTINUED to _____________________.  Counsel is ordered to correct this missing items and file a new petition at least five court days before the hearing date. 

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

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 22nd day of February 2023

 

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court