Judge: Mark E. Windham, Case: LAM07CH2788, Date: 2023-09-12 Tentative Ruling

Case Number: LAM07CH2788    Hearing Date: September 12, 2023    Dept: 26

Orozco v. Cervantes, et al.

PETITION FOR WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT

(CRC Rule 7.954)

TENTATIVE RULING:

Plaintiff Natalie E. Orozco’s Petition for Withdrawal of Funds from Blocked Account is GRANTED. PLAINTIFF NATALIE E. OROZCO IS TO FILE A PROPOSED ORDER ON MANDATORY JUDICIAL COUNCIL FORM MC-358 WITHIN 30 DAYS OF THIS RULING.

ANALYSIS:

Plaintiffs Roberto Orozco and Natalie E. Orozco, a minor by and through her guardian ad litem, Roberto Orozco, filed the instant action for motor vehicle negligence against Defendants Juan C. Cervantes and RiteAid Corporation (“Defendants”) on December 5, 2007. The parties reached a settlement and on January 27, 2009, the Court approved Plaintiff Roberto’s Petition to Approve Compromise of Pending Action on Behalf of Minor Plaintiff Natalie E. Orozco. (Minute Order, 01/27/09.) Notice of deposit of the sum of $2,455.00 was filed on March 10, 2009.

On August 14, 2023, Plaintiff Natalie E. Orozco (“Plaintiff Natalie”) filed the instant Petition for Withdrawal of Funds from Blocked Account. No opposition has been filed to date.

Discussion

The Petition is brought pursuant to Cal. Rules of Court, rule 7.954, which states that “[a] petition for the withdrawal of funds deposited for a minor or a person with a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.” (Cal. Rules of Court, rule 7.954(a).)

The Petition is verified by Plaintiff Natalie and includes the identity of the depository, California Bank and Trust. (Pet., ¶¶6, 10.) It also includes a showing of the amounts previously withdrawn ($0.00), a statement of the balance currently on deposit ($2,455.00), and that withdrawal is sought due to Plaintiff Natalie reaching the age of majority. (Id. at ¶¶6-8.)

Based on the foregoing, Plaintiff Natalie has complied with the requirements for an order for the withdrawal of funds from a blocked account.

Conclusion

Plaintiff Natalie E. Orozco’s Petition for Withdrawal of Funds from Blocked Account is GRANTED. PLAINTIFF NATALIE E. OROZCO IS TO FILE A PROPOSED ORDER ON MANDATORY JUDICIAL COUNCIL FORM MC-358 WITHIN 30 DAYS OF THIS RULING.

Court clerk to give notice.