Judge: Lynne M. Hobbs, Case: 21STCV22987, Date: 2023-12-18 Tentative Ruling

Case Number: 21STCV22987    Hearing Date: December 18, 2023    Dept: 30

SEVERINO MARTINEZ, et al. vs JEMAHLTON THOMAS, et al.

TENTATIVE

The expedited Petition for Minors Compromise is DENIED without prejudice.  The Court sets one last OSC re dismissal for failure to file dismissal of case after Notice of Settlement, pursuant to CRC Rule 3.1385(b),(d), and (e), and calendars in 35 days. Clerk to give notice to all parties.

DISCUSSION

On October 3, 2023, the Court set this hearing to approve the expedited petition to approve compromise of minors. It also set an OSC re failure timely to file a dismissal after Plaintiff served a Notice of Settlement. CRC Rule 3.1385(d). The Court had set an  interim date to review the expedited petition that previously was filed.  The Court also set a non-appearance review date. On November 28, 2023, the Court issued a minute order that outlined a number of deficiencies that precluded granting the petition. The Court served notice of the minute order that ordered the deficiencies addressed at the appearance hearing. None of the deficiencies were addressed, nor did Counsel file a declaration to address the Court's concerns.  Further, Counsel has not addressed the OSC re Dismissal that was set for today's date. No paperwork, at all, was filed in advance of today's hearing.

As such, the Court will give one last continuance of the OSC re dismissal. Any paperwork must be filed and served on all parties at least five days in advance of the hearing.  CRC Rule 3.1385(e).