Judge: Lisa R. Jaskol, Case: 22STCV26419, Date: 2025-05-20 Tentative Ruling

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Case Number: 22STCV26419    Hearing Date: May 20, 2025    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On August 15, 2022, Plaintiffs Francisco J. Zaragoza, Maria Del Rosario Gonzalez Tagle, and Fernando Zaragoza, a minor, by and through his guardian ad litem Maria Del Rosario Gonzalez Tagle filed this action against Defendants Cynthia Jasmin Payan (“Defendant”) and Does 1-50 for negligence, negligence per se, and statutory liability. 

On October 21, 2022, Defendant filed an answer. 

On March 14, 2025, Petitioner Maria Del Rosario Gonzalez (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Fernando Zaragoza’s claims.  The petition was set for hearing on April 2, 2025.  The Court continued the hearing to May 20, 2025. 

On April 9, 2025, Plaintiffs filed a notice of settlement. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending claims of minor Plaintiff Fernando Zaragoza (“Plaintiff”). 

DISCUSSION 

The petition and proposed order both state that Maria Del Rosario Gonzalez is Plaintiff’s guardian ad litem.  However, the Court file does not contain an order appointing Maria Del Rosario Gonzalez to serve as Plaintiff’s guardian ad litem. 

Petitioner did not check the box next to Section 9 of the petition. 

Petitioner did not fill out Section 10c of the petition. 

Section 18b(2) of the petition states that $20,000.00 will be deposited in insured accounts in one or more financial institutions in the state, subject to withdrawal only on authorization of the Court.  However, $20,000.00 is the gross amount of the settlement.  The amount to be deposited in insured accounts should be the net settlement amount, $14,852.75. 

In the proposed order (MC-351), Petitioner should list the correct courthouse (Spring Street Courthouse, 312 N. Spring Street, Department 28, Los Angeles, 90012), the correct judicial officer, and the correct hearing date. 

At the top of page 2 of the proposed order (MC-351), in Section 6 (under “The Court Orders”), Petitioner should list the gross settlement amount. 

Petitioner should submit a proposed Order to Deposit Funds in Blocked Account (MC-355). 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice Petitioner Maria Del Rosario Gonzalez’s petition to approve the compromise of minor Plaintiff Fernando Zaragoza’s claims filed on March 14, 2025. 

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.