Judge: Michael Shultz, Case: 20STCV00783, Date: 2022-08-08 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
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Case Number: 20STCV00783 Hearing Date: August 8, 2022 Dept: A
20STCV00783
Z.M. a minor, v. Los Angeles Unified School District
[TENTATIVE] ORDER
The
Third Amended Complaint filed on November 24, 2021, alleges that Plaintiff was
a second-grade student at 116th Street Elementary School, operated by Defendant
on January 10, 2019. Plaintiff alleges she returned from school with multiple
bite marks on her harm. Plaintiff has a rare genetic disorder which limits her
ability to move independently. Defendant allegedly failed to supervise
Plaintiff for her safety and protection. Plaintiff alleges claims for (1)
Negligence, (2) Negligent Hiring, Supervision, and Retention; (3) Negligent
Supervision, and (4) Intentional Infliction of Emotional Distress.
On April 25,
2022, Plaintiff filed a Notice of Settlement of Entire Case. On July 5, 2022,
Plaintiff filed this petition to approve the settlement. Plaintiff has agreed
to accept $60,000 in settlement of her claims with the court’s approval. The
net settlement amount of $38,043.52 will be used to fund a special needs trust
(“SNT”) for the benefit of the minor pursuant to Probate Code section 3604.
Petition, page 8, ¶ b.(4).
The court’s file
reflects that Plaintiff submitted the terms of the SNT to the Probate Division
on July 7, 2022. CA R LOS ANGELES SUPER CT Rule 4.115(c). When seeking approval
of a SNT, notice of the hearing and service of the petition must be made upon
three state agencies including the Department of Mental Health, Department of
Developmental Services, and Department of Health Care Services. Probate Code sections 3602(f), 3611(c). The
proof of service attached to the petition does not indicate this notice and
service, which will need to be 15 days by mail, (without a five-day increase
for mailing).
Additionally, the
court’s file does not reflect that Plaintiff complied with the court’s Notice
of Case Reassignment of July 8, 2022, requiring Plaintiff to serve notice of
the reassignment on all parties and to file a proof of service with the court.
Accordingly, the
court continues the hearing to October 7, 2022 at 8:30 a.m. in Department A of
the Compton courthouse. Plaintiff is directed to comply with the requirements
for service of the petition upon the state agencies no less than 15 days before
the continued hearing date.