Judge: Lee S. Arian, Case: 23STCV027, Date: 2024-03-06 Tentative Ruling

Case Number: 23STCV027    Hearing Date: March 6, 2024    Dept: 27

 

DEPT:  

Hon. Lee S. Arian, Dept 27 

HEARING DATE: 

3/6/24 

CASE NAME/NUMBER: 

23STCV02720 CARALYN A. ROSE, et al. vs UNION PACIFIC RAILROAD COMPANY

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

Timothy John Rose, Disabled Adult

RULING: 

Deny 

  

TENTATIVE  

  

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.   

  

The Court has reviewed the Petition to Approve Compromise of Pending Action of Timothy John Rose, an adult with a disability. The application is denied for the following reasons:

·       Section 5 of MC-350 needs to be completed describing the facts, events, and circumstances of the incident or accident under.

·       Section 6 of MC-350 needs to be completed describing injuries that were sustained by the claimant as a result of the incident or accident.

·        Section 8(c) of MC-350 needs to be completed describing the permanent injuries and symptoms of Claimant.

·       Attachments 11b(3) and 11b(6) of the petition need to be completed.

·       Because money is going to be given to the Plaintiff directly, a declaration must be filed regarding Plaintiff's mental condition and ability to manage money, which is not sufficiently clear from the petition.  

Claimant is hereby ordered to correct the deficiencies noted above no less than 5 days prior to the new court date set below. Failure to do so may result in sanctions. 

  

THE COURT SETS AN OSC RE MINOR COMPROMISE ON APRIL 12, 2024, IN DEPARTMENT 27 AT 8:30 AM. NO APPEARANCE REQUIRED IF RECEIPT IS FILED IN ADVANCE. 

  

Moving party is ordered to give notice.