Judge: Lee S. Arian, Case: 23STCV24657, Date: 2024-02-15 Tentative Ruling

Case Number: 23STCV24657    Hearing Date: February 15, 2024    Dept: 27

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ALANA ALONSO,

                   Plaintiff(s),

 

FRANKLIN AGUILAR,

 

                   Defendant(s).

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      CASE NO.: 23STCV24657

 

[TENTATIVE] ORDER RE: Petition to Confirm Minor’s Compromise

 

Dept. 27

1:30 p.m.

February 15, 2024

 

Claimant Alana Alonso (“Claimant”), a minor, by and through her Guardian Ad Litem, Pamela Alonso (“Petitioner”), has agreed to settle her claims against Defendant Franklin Aguilar in exchange for $8,000. If approved, $2,872.28 will be used for medical expenses and $465.10 will be used for non-medical expenses, leaving a balance of $4,662.62 for Claimant to be delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code §§ 3401-3402.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The Court cannot approve the petition as the Petition is incomplete and missing required attachments. Item 2.d should be checked. Item 12.a appears to be incomplete. The Petition represents that there were reductions to medical bills, yet this Item reflects zero as the reduction amount. The Court also requires the demand letters from all medical providers to be reimbursed from the settlement proceeds. Attachment 11b(6) is missing. (See Item 11(6).) Attachment 8 is missing. (See Item 8.) Further, there is no retainer agreement attached as Attachment 17a. (See Item 17.) Attachment 18b(5) is also missing. (See Item 18.)

The Petition to approve minor’s compromise is DENIED without prejudice.

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 15th day of February 2024

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court