Judge: Lynne M. Hobbs, Case: 20STCV02462, Date: 2023-07-20 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

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. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 20STCV02462    Hearing Date: July 20, 2023    Dept: 30

#6
MONICA ROXANA MORALES, et al. vs TRINIDAD FRANCISCO LIMA
20STCV02462
Expedited Petition to Approve Minor's Compromise

RULING:  The hearing is continued 60 days, to a date convenient to Court and counsel, for Petitioner to correct deficiencies.  

RATIONALE:

FORM DEFICIENCIES

MC-350

Item 11: is incorrect. This item requests the amount to be paid to Claimant, not the total settlement amount. This item should say $7,000.

Item 12b: Since Petitioner would receive money under the settlement, this box must be checked.

Item 13f(2): Is blank. The amount the lienholders have agreed to accept must be filled in.

Item 14: is incorrectly filled out. 14a should state what counsel seeks in attorney’s fees. Since attorney’s fees are waived, this should read $0. 14b should state the amount counsel seeks to be reimbursed in other costs, not including attorney’s fees.

Item 18b: Counsel has waived attorneys fees as to Claimant. However, Counsel is also representing Petitioner. If Counsel expects to collect attorney’s fees from the settlement funds apportioned to Petitioner, the amount must be stated here.

BLOCKED ACCOUNT FOR DEPOSITING FUNDS

Petitioner proposes to deposit the remaining settlement funds to a blocked account. Petitioner properly filed form MC-355. However, Petitioner failed to include the name, branch, and address of the financial institution where the funds will be deposited as attachment 19b(2).