Judge: Lee S. Arian, Case: 20STCV38413, Date: 2024-02-07 Tentative Ruling

Case Number: 20STCV38413    Hearing Date: February 7, 2024    Dept: 27

Gloria Goh, et al. v. Irving Cortez, et al.

EXPEDITED PETITION – NO HEARING

Case Number: 20STCV38413           

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Petitions for Expedited Approval of Compromise for Minors
Matthew Gamboa and Daniel Gamboa

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Tentative Ruling

Claimants Matthew Gamboa (“Matthew”) and Daniel Gamboa (“Daniel”) (collectively “Claimants”), who are minors, by and through their alleged guardian ad litem Gloria Goh (“Petitioner”), have agreed to settle their claims against Defendants Irving Cortez and Aide Franco (collectively “Defendants”) in exchange for a total of $1,1500.

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

The petitions cannot be approved based on the following reasons.

First, the Court ordered the dismissal of this action on September 8, 2022, and no longer has jurisdiction over this case. Petitioner must first seek to side aside the dismissal or file a new case before the petitions can be approved.

Second, Petitioner’s application for appointment as the guardian ad litem for Daniel was denied. The operative complaint was filed in Petitioner’s individual capacity and as guardian ad litem for both Claimants. Therefore, Petitioner may not seek approval of the settlement on Daniel’s behalf.

Lastly, the petitions are severely deficient in their own right as they lack the required attachments (items 9, 11, 13, 14, 18, and 19).

Accordingly, the expedited petition is DENIED.

Moving party to give notice.

Dated:   February 7, 2024                               ___________________________________

                                                                                    Lee S. Arian

                                                                                    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.