Judge: Michael E. Whitaker, Case: 24SMCV02977, Date: 2024-09-04 Tentative Ruling

Case Number: 24SMCV02977    Hearing Date: September 4, 2024    Dept: 207

TENTATIVE RULING

The Court has reviewed the petitions submitted by Petitioner Alexander Bowen Martin (“Petitioner”) on behalf of Claimants Whitcomb Aldo Martin and Bowen Thomas Martin (collectively, “Claimants”), and continues the hearing to September 30, 2024 at 8:30 A.M. in Department 207 to address or resolve the following issues:

·       Petitioner has not been appointed as the Guardian Ad Litem for Claimants.  Further the Court notes that Applications and Orders for Appointment of Guardian Ad Litem have not been filed with the Court. 

·       Section 3:  The claims of the minors (Claimants) are the subject of the complaint filed in this action on June 20, 2024.  But Petitioner marked Section 4a [minor “is not the subject of a pending action or proceeding”].    

·       Section 11:  Petitioner is not a party to the action, but Petitioner’s response to Section 11.b.(3) indicates that Petitioner is a party (a plaintiff).  Further, Petitioner does not adequately explain why he will be receiving $50,000 in settlement proceeds when he is not a party to the action and has not asserted any claim (see Complaint), including a  claim for emotional distress.  

·       Sections 6,7 & 8 (Claimant Bowen).  The Court finds Petitioner’s responses to Sections 6, 7 and 8 to be inherently inconsistent and unverified.  Foremost, Petitioner claims that the Claimant experienced Anxiety as a result of the incident.  Then, Petitioner claims that the Claimant did not receive any treatment for the alleged Anxiety; yet Petitioner claims that the Claimant has completely recovered from the effects of the Anxiety.  The Court is uncertain as to how Petitioner can pronounce that the Claimant has fully recovered from the Anxiety when the Claimant has not been examined or treated by a health care provider.  In turn, if the Claimant needs health care treatment to address the Anxiety in the future, the Court is concerned that the $20,000 in settlement proceeds allotted to the Claimant may be woefully insufficient. 

            Petitioner shall file amended petitions on or before September 23, 2024 with the requisite  MC-351s, addressing or resolving the issues set forth above.

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

DATED: September 4, 2024                                                 ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court