Judge: Lynne M. Hobbs, Case: 20STCV40550, Date: 2024-01-31 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: 20STCV40550    Hearing Date: April 9, 2024    Dept: 30

DARRYN, THOMAS, BY & THROUGH GUARDIAN AD LITEM BRIDGETTE THOMAS, et al. vs WESTFIELD GROUP

TENTATIVE

The Court notes that a Notice of Settlement was filed on June 15, 2023 declaring that the parties have reached an conditional settlement and that it would be finalized by October 30, 2023.  Since then, Plaintiff has been tasked with perfecting its petition to approve minor's compromise. 

At the last hearing, on January 31, 2024, the Court reviewed and continued the Expedited Petition to Approve Minor’s Compromise so that Plaintiff could correct a list of deficiencies that the Court outlined.  No paperwork has since been filed.
Accordingly, the Expedited Petition to Approve Minor's Compromise is denied.

Plaintiff is ordered to file a new corrected expedited petition for minor's compromise within two weeks, or show cause why sanctions in the amount of $250 should not be imposed, so that disposition can be effectuated.

Defense counsel is ordered to file a declaration stating whether monies have been transferred pursuant to the settlement, and if so, the date that it occurred.

Further, if parties wish the Court maintain jurisdiction to enforce the settlement after dismissal, then the parties must file a stipulation pursuant to CCP 664.6 prior to dismissal. All updated paperwork must be filed at least five days prior to the next court hearing. CRC rule 3.1385(e).  

The Court sets two OSCs in 35 days:

OSC re dismissal (Settlement)

OSC re sanctions in the amount of $250 for failure to file expedited petition for minor's compromise by April 23, 2024.

Clerk to give notice.