Judge: Kerry Bensinger, Case: BC685865, Date: 2023-04-19 Tentative Ruling

Case Number: BC685865    Hearing Date: April 19, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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 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.

          The Court heard this Petition on February 22, 2023.  The Court found the settlement reasonable, but could not approve it at that time because the petition was incomplete.  Specifically, Petitioner did not fill out Items 10.b, 12.b, or 18.b of the Petition.  Nor did Petitioner provide any relevant medical records, the attorney retainer agreement as required by Item 17.a(2), or Attachment 18.b(2) indicating where the settlement balance was to be deposited.

          On April 12, 2023, Petitioner filed a revised Petition with supporting documents.  The Court has reviewed the Petition and finds that Petitioner has corrected all but one of the deficiencies noted in its February 22, 2023 order.  Petitioner has not indicated at Item 10.b of the Petition the name of the Defendant(s) who has offered to pay the settlement amount of $15,000.

Accordingly, Petitioner can either correct this information prior to the hearing on April 19, 2024, or the hearing on the Petition will be CONTINUED to April 24, 2023 at 1:30 p.m. in Department 27 of Spring Street Courthouse to allow Petitioner to file a revised Petition.

On the Court's own motion, the Order to Show Cause Re: Dismissal (Settlement) is CONTINUED to April 24, 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 19th day of April 2023