Judge: Michael E. Whitaker, Case: 19STCV20094, Date: 2023-04-20 Tentative Ruling

Case Number: 19STCV20094    Hearing Date: April 20, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the petitions by Petitioner Nora Meza (Petitioner) on behalf of Claimants Starr Olazaba and David Meza (collectively, Claimants) and continues the hearing to May 11, 2023 at 1:30 PM in Department 32 to address or resolve the following issues:

·       Petitioner has failed to attach medical records regarding Claimants’ injuries as indicated in section 6 of the petitions. 

·       Petitioner has failed to attach medical records regarding Claimants’ treatments for their  injuries as indicated in section 7 of the petitions.

·       Section 10.b. as completed is unclear as Petitioner has listed Defendant Violet Mary Campos three separate times.

·       Section 11.b.(1) as completed contradicts sections 10.a., 10.b., 10.c., and 11.b.(5).

·       Section 17.f. does not accurately represent the fees counsel will receive from each Claimant and Petitioner. 

            In short, the Court finds that the petitions lack certain documentation and are internally inconsistent.  Petitioner shall file and serve amended petitions, and amended MC-351s and MC-355s if appropriate, on or before May 4, 2023. 

            Petitioner shall provide notice of the Court’s orders and file a proof of service regarding the same.