Judge: Melvin D. Sandvig, Case: 19CHCV00489, Date: 2022-09-15 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 19CHCV00489    Hearing Date: September 15, 2022    Dept: F47

Dept. F47

Date: 9/15/22

Case #19CHCV00489

MINOR’S COMPROMISE

Petition filed on 7/20/22.

MINOR: Christopher Gutierrez

GAL: Luz Gutierrez (parent)

DEFENDANTS: Parkville LLC and Chatsworth Garden Apartments LLC

SUMMARY OF ACTION: This action arises out minor’s exposure to mold and vermin infestation in the property occupied by minor and his family.  As a result of the exposure, minor allegedly suffered health problems and allergic reactions.  Minor received treatment for bug bites and allergies.  Minor has completely recovered from the effects of the injuries.

AMOUNT OF SETTLEMENT: $80,000.00 with $40,000.00 to be paid by Parkville LLC and $40,000 to be paid by Chatsworth Garden Apartments LLC

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

COSTS: $0

AMOUNT TO BE PAID TO MINOR: $10,000.00

RULING: The petition is denied without prejudice. 

This is the third time Plaintiffs’ counsel has submitted a defective petition for approval of the minor’s claim.  On 3/8/22, an expedited petition for approval was filed and rejected on 3/14/22.  On 4/6/22, a petition for approval was filed which was set for hearing on 5/19/22.  On 5/19/22, the hearing was continued due to 7/21/22 due to several defects.  (See 5/19/22 Minute Order).  On 7/21/22, because a petition correcting the defects noted in the Court’s 5/19/22 ruling had not been timely filed, the Court continued the hearing to 9/15/22.  On 7/20/22, another petition was filed which is the subject of this ruling.

The petition and proposed order filed and submitted on 7/20/22 also suffer from numerous defects:

(1) Number 3.b. in the petition and number 3.b. in the proposed order are not marked and they  should be as Luz Gutierrez was appointed as the minor’s guardian ad litem on 6/13/19.

(2) Number 4.c. in the petition is improperly marked indicating that the minor’s claim will be reduced to a judgment when the action has been settled.  (See Notice of Settlement filed 9/21/21).  Therefore, number 4.b. in the petition should be marked.

(3) The petition indicates that the minor received treatment for bug bites and allergies.  (Petition No. 8).  However, no doctor’s reports are attached as required by number 9.

(4) The settlement figures do not make sense.  (See Petition Nos.11.a; 12.b.(1), (5); 16, 17.a-f.; 18.c).  The petition indicates that the minor’s claim was settled for $80,000.  (Petition No. 11.a).  However, although the petition indicates that no medical expenses, costs, or attorney fees are being paid from the minor’s settlement, the minor is only receiving $10,000.00.  (See Petition Nos. 13; 14; 16, 17).  Similarly, the proposed order does not set forth the gross amount of the minor’s settlement in number 7.a. nor is any other information provided in numbers 7.b.-e. of the proposed order.  (See also Proposed Order No. 7.c.(2)).

(5) Attachments 11, 12, and 18a are missing from the petition.   (See Nos. 11.a, 12.b.(3), 18a.(2))

(6) Numbers 18.d, e, and f in the petition are not completed.

(7) The disposition of the balance of the settlement proceeds is not properly/clearly set forth in the petition.  Nothing is marked in number 19.b., except “Continued on Attachment 19.”  Attachment 19b(9) indicates that “$10,000.00 of money will be paid to minors parent who in turn will deposit the money into an account designated to minor only.”  No authority for such a disposition is provided.  If the money is to be deposited into a blocked account, number 19.b.(2) should be marked with the appropriate orders for such deposit submitted.  (See also Proposed Order Nos. 7.c.(2)(1); 8). 

(8) Number 23 in the petition is not completed.

(9) Several photocopies of photographs of who is presumably the minor are attached to the petition.  It appears that such photographs may be intended to show the bug bites suffered by the minor.  However, such photographs do not clearly correspond with any portion of the petition.

(10) Numbers 9 and 10 in the proposed order are not completed.

***If Plaintiff’s counsel continues to file defective petitions, the Court will consider setting an Order to Show Cause as to why sanctions should not be imposed against Plaintiff’s counsel Joseph W. Kellener for his repeated failure to comply with applicable rules regarding the filing and approval of such a petition.  See CRC 2.30.