Judge Mark E. Windham, Case 19STLC11541 2023-01-19 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Plaintiff Juliannah Gonzalez’s Motion to Vacate Orders Approving Compromise of Minor’s Claim and Order to Deposit Funds in Blocked Account is CONTINUED TO APRIL 12, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MARCH 22, 2023, PLAINTIFF JULIANNAH GONZALEZ IS TO FILE SUPPLEMENTAL PAPERS SETTING FORTH THE LEGAL BASIS FOR THE REFLIEF SOUGHT. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

On December 18, 2019, minor Plaintiffs Juliannah Gonzalez and Tiannah Gonzalez (“minor Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Sharlot Robin Sheets (“Defendant”). On June 16, 2021, the Court granted Petitioner Cindy Alatorre’s Petitions to Approve Compromise of Pending Claim on Behalf of a Minor. (Minute Order, 06/16/21.) The Order to Deposit Money Into Blocked Account with respect to minor Plaintiff Juliannah was signed on the same date. (Order, filed 02/19/21.) The Order to Deposit Money Into Blocked Account with respect to minor Plaintiff Tiannah was signed on August 24, 2021. (Order, filed 08/24/21.) The orders to deposit funds into blocked account were made “upon the terms and under the conditions specified in Probate Code sections 3401-3402.” (See Pets. to Approve Compromise, ¶20(b)(4).)

The Court held numerous Orders to Show Cause regarding Petitioner’s failure to file Proof of Acknowledgment and Receipt of Deposit and Dismissal, starting on November 10, 2021. The next OSC is set for April 12, 2023. (Minute Order, 12/05/22.)

Plaintiff Juliannah filed the instant Motion to Vacate Orders Approving Compromise of Minor’s Claim and Order to Deposit Funds in Blocked Account, entered on June 16, 2021. No opposition has been filed to date.

The Motion does not cite to any legal authority for the relief requested. (Motion, pp. 2:1-3:19.) “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113(b).) Indeed, the failure to provide a memorandum as required by the Rule may be an “admission that the [request] is without merit and cause for its denial.” (Cal. Rules of Court, Rule 3.1113(a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.) Without a legal basis for the relief requested, the Court cannot find it has the authority to vacate the orders entered on June 16, 2021.