Judge: Lisa R. Jaskol, Case: 19STCV16153, Date: 2023-08-29 Tentative Ruling
All parties are
urged to meet and confer with all parties concerning this tentative ruling to
see if they can reach an agreed-upon resolution of their matter. If
you are able to reach an agreement, please notify the courtroom staff in
advance of the hearing if you wish to submit on the tentative ruling rather
than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org. Include
the word "SUBMITS" in all caps and the Case Number in the Subject
line. In the body of the email, please provide the date and time of the
hearing, your name, your contact information, the party you represent, and
whether that party is a plaintiff, defendant, cross-complainant,
cross-defendant, claimant, intervenor, or non-party, etc.
Please be
advised that if you submit on the tentative and elect not to appear at the
hearing, the opposing party may still appear at the hearing and argue the
matter, and the court could change its tentative based upon the
argument. 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 you submit, but still intend to appear, include the words "SUBMITS, BUT
WILL APPEAR" in the Subject line. If you elect to
argue your matter, you are urged to do so remotely, via Court-Connect.
Note that once the Court has issued a tentative, the Court has the inherent
authority not to allow the withdrawal of a motion and to adopt the tentative
ruling as the order of the court.
If you submitted a courtesy copy of
your papers containing media (such as a DVD or thumb drive), unless you request
the return of the media in your papers, the court will destroy it following the
hearing of your matter.
Case Number: 19STCV16153 Hearing Date: December 5, 2023 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On May 9, 2019, Plaintiffs Estate of Daniel Hinojos (“Estate”), Dolores Hinojos, and Melanie Dianiela Hinojos, a minor by and through her guardian ad litem Birginia Santiago, filed this action against Defendants Maria Susana Martinez, Ernesto Martinez, and Does 1-30 for wrongful death, motor vehicle tort and general negligence.
On October 20, 2020, Defendants Maria Susana Martinez and Ernesto Martinez filed an answer.
On April 11, 2022, Plaintiffs filed a notice of settlement. On May 17, 2023, Plaintiffs filed another notice of settlement.
On October 26, 2023, Petitioner Birginia Santiago (“Petitioner”) filed a petition to approve the compromise of Melanie Dianiela Hinojos’s pending claims, set for hearing on November 20, 2023. The Court continued the hearing to December 5, 2023.
On November 6, 2023, Petitioner filed a amended petition to approve the compromise of Melanie Dianiela Hinojos’s pending claims, set for hearing on December 5, 2023.
PETITIONER’S REQUEST
Petitioner
Birginia Santiago asks the Court to approve the compromise of the pending
action of Plaintiff Melanie Dianiela Hinojos.
DISCUSSION
Petitioner has submitted a completed petition with all necessary attachments. The Court grants the petition.
Petitioner requests that the net balance be deposited in an insured account at Wells Fargo Bank, 100 N. Citrus Ave., Covina, CA 91723. The Court orders the net balance so distributed.
CONCLUSION
The Court GRANTS the petition to approve the compromise of the pending claims of Plaintiff Melanie Dianiela Hinojos filed by Petitioner Birginia Santiago on November 6, 2023. The Court orders that the net balance be placed in an insured account at Wells Fargo Bank, 100 N. Citrus Ave., Covina, CA 91723.
The Court sets an OSC Re: Distribution of Net Settlement on February 5, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
The Court sets an OSC Re: Dismissal of Case (Settlement) on February 5, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
Petitioner is ordered to give notice of this ruling.
Petitioner is ordered to file the proof of service of this ruling with the Court within five days.