Judge: Michael E. Whitaker, Case: 19STCV43648, Date: 2023-02-01 Tentative Ruling

Case Number: 19STCV43648    Hearing Date: February 1, 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 petition by Petitioner Rachelle Guarneri on behalf of Claimant Robert Guarneri, and sets a hearing on MARCH 14, 2023 at 1:30 PM in Department 32 to permit Petitioner time to file an amended petition addressing or resolving the following issues:   

• Petitioner has failed to indicate her name in section (1) of form MC-350

• Petitioner has not included documentation of Petitioner’s payment of listed medical expenses, attorney’s fees, and other costs totaling $56,708.76, in Section 14(b).

• The calculation of medical expenses to be paid from the proceeds of settlement or judgment seems to be miscalculated based on the provided evidence of said outstanding medical fees.  Further the amount of the outstanding balance for Claimant’s medical expenses is further confused by Petitioner’s request that she is reimbursed $2,292.69 in section 12(b)(1); whereas in section 14(b), Petitioner requests reimbursement of $23,710.12 of Claimant’s medical expenses.

Petitioner shall file and serve an amended petition with amended orders if applicable on or before March 7, 2023.  Petitioner shall provide notice of the Court’s orders and file a proof of service regarding the same.