Judge: Michael E. Whitaker, Case: 21STCV25742, Date: 2023-04-19 Tentative Ruling

Case Number: 21STCV25742    Hearing Date: April 19, 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 Hung Diep (Petitioner) on behalf of Claimants Connor Diep and Mason Diep (collectively, Claimants) and continues the hearing to May 17, 2023 at 1:30 PM in Department 32 to address or resolve the following issues:

·       Petitioner has failed to file a MC-351 form with the Court for each petition.

·       Petitioner has failed to file a MC-355 form with the Court for each petition.

·       Petitioner marks section 18b.(5) which indicates $650 shall be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.  However, Petitioner has failed to attach a declaration to the petitions which provides information in compliance with Probate Code sections 3401 and 3402 (see § 18b.(5)) and justifies the disbursement of the settlement proceeds to Petitioner, as opposed to Claimants into blocked accounts. 

Petitioner shall file and serve the required declaration with the MC-351s and MC-355s on or before May 10, 2023. 

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