Judge: Michelle C. Kim, Case: 20STCV33318, Date: 2023-05-03 Tentative Ruling
Case Number: 20STCV33318 Hearing Date: May 3, 2023 Dept: 31
TENTATIVE
ROGER G. MACHUCA, ET AL.,
Plaintiff(s),
vs.
GEORGETTE L. SIMONIAN, ET AL.,
Defendant(s).
| )
)
)
)
)
)
)
)
)
)
| CASE NO: 20STCV33318
ORDER DENYING PETITION TO APPROVE COMPROMISE WITHOUT PREJUDICE
Dept. 31
1:30 p.m.
May 3, 2023
|
The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor pertaining to Maximilian Gonzalez (“Claimant”). The petition is denied without prejudice for the following reasons:
- The Court cannot locate Attachment 11b(6) pertaining to the apportionment of the settlement payments for each Plaintiff. Petitioner must submit Attachment 11b(6), which must contain any information or reasons regarding all Plaintiffs’ medical specials and injuries as to allow the Court to determine the reasons for the proposed settlement payments to each Plaintiff.
- The Court cannot locate proof of service of the petition on Defendant.
Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance. Claimant herein is only 11 years old, and was only six when the incident occurred. The Court finds Claimant’s age constitutes good cause to excuse Claimant’s appearance. Only Petitioner will be required to appear a hearing in connection with a new petition.
Moving party is ordered to give notice.
PLEASE TAKE NOTICE:
- Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
- If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.
- Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.
- If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.
Dated this 3rd day of May 2023
|
|
| Hon. Michelle C. Kim
Judge of the Superior Court
|
