Judge: Michelle C. Kim, Case: 20STCV47029, Date: 2023-03-24 Tentative Ruling

Case Number: 20STCV47029    Hearing Date: March 24, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Tahj Stephens (“Claimant”), by and through his guardian ad litem, Sheena Waight (“Petitioner”) and Trevione Stephens (“Trevione”) filed this action against Defendants Mark William Mann (“Mann”) and Long Beach Little League, Inc. for damages arising from a dog bite.  Claimant was practicing baseball in Stearns Park.  Defendant Mann’s dog was unleashed in the park, and the dog attacked and injured Claimant.  The dog bit Claimant, causing lacerations and puncture wounds to his left leg.  Claimant required three sutures for punctured wounds from the bite and was seen by a doctor and psychologist.  Claimant has now recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Long Beach Little League for the total amount of $120,000.00, with $105,000 being apportioned to Claimant and $15,000 to Trevione, who is Claimant’s father.  Pertaining to Claimant, $845.43 will be used for medical expenses, $26,250.00 for attorney fees, and $585.10 for costs.  The petition is silent as to the proposed disposition of the settlement balance of $77,319.47. 

The expedited petition is denied without prejudice for the following reasons:

·       The Court cannot locate Attachment 12 which must state the reasons for the proposed apportionment of the settlement payments between Claimant and Trevione.  This information is required before the petition can be approved. 

·       At ¶ 18, Petitioner indicates that Counsel does not expect to receive attorney fees other than those requested in the instant petition.  However, the Court’s records show that Counsel represented both Claimant and Trevione in this action.  To the extent that Counsel is receiving attorney fees from Trevione’s settlement, they must be disclosed at ¶ 18.  If attorney fees are being paid solely from Claimant’s settlement proceeds, Petitioner must submit a declaration explaining why this is the case. 

·       At ¶ 19, Petitioner did not provide a proposed disposition for Claimant’s settlement proceeds.  While Petitioner submitted a proposed order to deposit funds in a blocked account, Petitioner did not mark item ¶ 19b(2).  Thus, it is unclear if Petitioner is proposing to deposit the funds into a blocked account.  Petitioner must correct this and submit Attachment 19.

·       Petitioner filed the instant petition on an outdated version of Judicial Council Form MC-350, Rev. January 1, 2011.  The Court asks Counsel who assisted in preparing the petition to use the updated version of Judicial Council Form MC-350, Rev. January 1, 2021, in the future in connection with other actions.  Counsel should note that the above referenced Attachment numbers may differ in the updated version of form MC-350.

Pursuant to CRC 7.952, the Minor Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance. Claimant is 14 years old, and thus, the Court will require Claimant and Petitioner to appear at the hearing on an Amended Petition.  They are encouraged to appear remotely.

Petitioner 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 24^th day of March 2023