Judge: Michael E. Whitaker, Case: BC708667, Date: 2023-01-05 Tentative Ruling

Case Number: BC708667    Hearing Date: January 5, 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. 

RULING

The Court has reviewed the petition by Petitioner Christie Miro on behalf of Claimant Christian Ruiz, and sets a hearing on January 26, 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 not included Attachment 8 to the petition demonstrating the extent of Claimant’s injuries and recovery. 

• Petitioner has not included documentation of claimed medical expenses paid by petitioner in the amount of $271.47.  (See Section 12(b)(1).)

• Petitioner has not provided statements from medical providers substantiating the total lien amount of $3,646.27 in Section 12(b)(4).  

• Petitioner has not provided a sufficient breakdown of the $900 in costs to be paid to Eileen Mungcal of the Killino Firm, PC, in Section 13(b). 

• Petitioner has not included documentation of Petitioner’s payment of listed medical expenses, attorney’s fees, and other expenses totaling $81,936.59, in Section 14(b).

Petitioner shall file and serve an amended petition and proposed order (if necessary) on or before January 19, 2023.  Petitioner shall provide notice of the Court’s orders and file a proof of service regarding the same.