Judge Lynne M. Hobbs, Case 20STCV07221 2023-05-25 Tentative Ruling

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.

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STACIE JACOBSEN, et al. vs KHIEM P.V. NYGUEN, M.D. CARDIOLOGY ASSOCIATES MEDICAL GROUP, INC A CALIFORNIA CORPORATION, et al.
20STCV07221
Petition to Confirm Minors' Compromise

Ruling: Continued 60 days for Counsel to correct deficiencies. Moving party to give notice.

Deficiencies noted:

Form MC-350 as to each Claimant is incorrectly filled out. The form should provide calculations of gross and net settlement as to the settlement funds for each minor Claimant, not the total settlement. It appears that Petitioner intends to use Claimants’ settlements in full to purchase annuities. If costs and fees are being waived as to the minor Claimants, Items 13-16 should show that Counsel is not seeking attorney’s fees or to be reimbursed costs from the minor Claimants’ settlement funds. If counsel is collecting costs and attorney’s fees solely from Petitioner’s portion of the settlement, counsel may state the amount to be collected in Item 17f.

Item 21 should not have been signed. The signature here is only necessary if the claimant is an adult with a disability who has the capacity to consent to the order.

Item 1: Hearing information must be updated.

Item 6: Gross settlement for each claimant is $50,000.

Item 8a: Because counsel is not collecting attorney’s fees from Claimants’ settlement funds, this section should show that total expenses to be paid from Claimants’ settlement funds is $0.

Item 8b: This item asks for the balance of settlement available for claimant, not the balance of the total settlement after attorney’s fees and costs are deducted. This item should read $50,000 for each Claimant.

Item 8b(2): This item should say that Claimants’ settlement funds are being used to purchase annuities.