Judge: Kerry Bensinger, Case: BC694072, Date: 2023-04-14 Tentative Ruling

Case Number: BC694072    Hearing Date: April 14, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 14, 2022, claimants Reyna Herrera (“Reyna”), Divina Herrera (“Divina”), and Dahlia Herrera (“Dahlia”), minors, by and through their parent and guardian ad litem, Marybel Lorenzo (“Petitioner”), filed expedited petitions to approve compromise of pending action with Defendant Edilia Garcia (“Defendant”).  

On November 22, 2022, the Court issued a minute order continuing the hearings for Reyna, Divina, and Dahlia’s (hereinafter referred to collectively as “Claimants”) expedited petitions to January 24, 2023.  The Court continued the hearings because it had reviewed the proposed settlement and found that it was not fair and reasonable, as there was no “Attachment 13” providing any reasons for the apportionment of settlement proceeds between Claimant and the other plaintiffs.  The Court continued the hearing to allow Petitioner to file supporting documents.

On January 24, 2023, the Court continued the instant hearings to February 14, 2023, to allow Petitioner additional time to provide supporting documents in accordance with the Court’s November 22, 2022 minute order.

On February 14, 2023, the Court denied the expedited petitions to approve compromise of pending action of minor Claimants because Petitioner had not filed any supporting paperwork in accordance with the Court’s November 22, 2023 minute order.

The Court notes that Petitioner has not filed new petitions.  Accordingly, the Court CONTINUES the hearings for the expedited petition to approve compromise of pending action of minor Claimants to May 17, 2023 at 1:30 p.m. in Department 27 of the 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 14th day of April 2023