Judge: Lisa R. Jaskol, Case: 23STCV11390, Date: 2024-08-05 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: 23STCV11390 Hearing Date: August 5, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On May 19, 2023, Plaintiffs Leticia Valencia, Skylar Martinez, a minor, by and through their guardian ad litem Leticia Valencia, Sophia Perez, a minor by and through their guardian ad litem Leticia Valencia, Joseph Perez, a minor by and through their guardian ad litem Leticia Valencia, and Melody Valencia, a minor by and through their guardian ad litem Leticia Valencia, filed this action against Defendants Regulo Morales (“Defendant”) and Does 1-25 for motor vehicle tort and general negligence.
On June 28, 2023, the Court appointed Leticia Valencia to serve as guardian ad litem for Plaintiffs Joseph Perez and Melody Valencia. On July 2, 2023, the Court appointed Leticia Valencia to serve as guardian ad litem for Plaintiffs Skyler Martinez and Sophia Perez.
On February 21, 2024, Plaintiffs filed a notice of settlement.
PETITIONER’S REQUESTS
Petitioner asks the Court for expedited approval of the compromises of the claims of minor Plaintiffs Melody Valencia, Skylar Martinez, Sophia Perez, and Joseph Perez.
DISCUSSION
A. Melody Valencia
Plaintiff Melody Valencia was not injured in the accident and did not receive any treatment. The gross settlement amount is $500.00. Of that amount, $125.00 will be used to pay attorney’s fees. In addition, Petitioner is asking that $280.00 be used to pay counsel’s “expenses.” This would leave a net recovery for Plaintiff Melody Valencia of $95 (erroneously listed as $195 is Section 16 of the petition). Section 19b(1) of the petition asks for appointment of a guardian or conservator of the estate.
The petition states that counsel incurred $280.00 in expenses but does not list or itemize the expenses incurred. The Court cannot grant the request for $280.00 in expenses without information about the specific expenses incurred.
In addition, the petition does not explain why it is necessary to appoint a conservator or guardian of the estate, as Section 19b(1) requests.
The Court denies the petition without prejudice.
B. Skylar Martinez
Plaintiff Skylar Martinez incurred $1,455.00 in medical expenses as a result of the accident. This amount was reduced by $855.00. The gross settlement amount is $3,000.00. Of that amount, $600.00 will be used to pay or reimburse the medical expenses and $750.00 will be used to pay attorney’s fees. Petitioner is asking that $330.00 be used to pay counsel’s “expenses.” This would leave a net recovery for Plaintiff Skylar Martinez of $1,320.00. Section 19b(1) of the petition asks for appointment of a guardian or conservator of the estate.
The petition states that counsel incurred $330.00 in expenses but does not list or itemize the expenses incurred. The Court cannot grant the request for $330.00 in expenses without information about the specific expenses incurred.
In addition, the petition does not explain why it is necessary to appoint a conservator or guardian of the estate, as Section 19b(1) requests.
The Court denies the petition without prejudice.
C. Joseph Perez
The petition states that counsel incurred $300.00 in expenses but does not list or itemize the expenses incurred. The Court cannot grant the request for $300.00 in expenses without information about the specific expenses incurred.
In addition, the petition does not explain why it is necessary to appoint a conservator or guardian of the estate, as Section 19b(1) requests.
The Court denies the petition without prejudice.
D. Sophia Perez
Plaintiff Sophia Perez incurred $335.00 in medical expenses as a result of the accident. This amount was reduced by $185.00. The gross settlement amount is $1,000.00. Of that amount, $150.00 will be used to pay or reimburse the medical expenses and $250.00 will be used to pay attorney’s fees. Petitioner is asking that $280.00 be used to pay counsel’s “expenses.” This would leave a net recovery for Plaintiff Sophia Perez of $320.00. Section 19b(1) of the petition asks for appointment of a guardian or conservator of the estate.
The petition states that counsel incurred $280.00 in expenses but does not list or itemize the expenses incurred. The Court cannot grant the request for $280.00 in expenses without information about the specific expenses incurred.
In addition, the petition does not explain why it is necessary to appoint a conservator or guardian of the estate, as Section 19b(1) requests.
The Court denies the petition without prejudice.
CONCLUSION
For the reasons stated above, the Court denies the petitions without prejudice.
Petitioner is ordered to give notice of this ruling.