Judge: Lee S. Arian, Case: 23STCV027, Date: 2024-03-06 Tentative Ruling
Case Number: 23STCV027 Hearing Date: March 6, 2024 Dept: 27
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DEPT: |
Hon. Lee S. Arian, Dept
27 |
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HEARING DATE: |
3/6/24 |
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CASE NAME/NUMBER: |
23STCV02720 CARALYN A.
ROSE, et al. vs UNION PACIFIC RAILROAD COMPANY |
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PETITION TO APPROVE
COMPROMISE OF PENDING ACTION OF A MINOR |
Timothy John Rose,
Disabled Adult |
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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.