Judge: Lisa R. Jaskol, Case: 19STCV22033, Date: 2023-07-10 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.  This does not excuse a moving party's need to do one of the following: appear; submit; or take a matter off calendar by canceling the motion in the case reservation system before issuance of the tentative ruling if the matter moving party does not intend to proceed.    
 
            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: 19STCV22033    Hearing Date: February 21, 2024    Dept: 28

On January 5, 2024, the Court made findings in connection with Petitioner Jose Castillo’s petition to approve the compromise of the pending action of Plaintiff Jesus A. Castillo.  The Court also identified several issues for Petitioner to address and continued the hearing to February 21, 2024.  (See January 5, 2024 minute order.)

On February 2, 2024, Petitioner filed an Amended Proposed Special Needs Trust.

On February 21, 2024, Petitioner's counsel and the Court discussed the issues raised in the Court's January 5, 2024 minute order.  Counsel confirmed that Petitioner understands that upon the trust beneficiary's death, 25% of the trust assets shall be paid to the non-profit that administers the pooled special needs trust and this provision is part of the terms of the trust instrument via the Joinder Agreement.

Counsel also confirmed that within 7 court days of his receipt of the settlement proceeds in his client trust account, he will submit a trustee's bond of $181,000.00 to the Court.

Counsel will submit a revised version of the proposed order and the Judicial Council order form incorporating the information specified in Section F of the January 5, 2024 minute order.

The Court finds that Petitioner has addressed all of the issues raised in the Court's January 5, 2024 minute order.  The Court therefore grants the petition subject to receipt of the revised order.

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.