Judge: Michelle C. Kim, Case: 21STCV30061, Date: 2023-12-01 Tentative Ruling

Case Number: 21STCV30061    Hearing Date: December 1, 2023    Dept: 31

DEPT:  

31 

HEARING DATE: 

12/01/2023 

CASE NAME/NUMBER: 

21STCV30061 CHRISTOPHER B. ELLISON, et al. vs JAIRO ZABALETA, et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

Jordyn Ellison, Age 17 

RECOMMENDATION: 

DENY 

 

TENTATIVE¿ 

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Plaintiffs have agreed to settle their claims against Defendants for the total amount of $12,500, with $2,500 being apportioned to Jordyn Ellison (“Claimant”). If the settlement is approved, $300 will be used for medical expenses.  The net balance of $2,200 will be delivered to the parent of the minor. 

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The Court denies the expedited petition filed on October 12, 2023 for the following reasons:¿ 

 

Item 4, the claim of the minor, is subject to a pending action, namely the subject action. Item 4(b) should be indicated and filled in 

 

Petitioner provides that $437.25 in expenses are to be paid or reimbursed out of claimant’s share of the proceeds on Item 14(b) and on Item 15(b)(3). However, this expense is not accounted for on Item 17(d), nor has the item been deducted from Claimant’s share of the proceeds in the final balance amount on 17(f). At this time, it is unclear to the Court whether or not Petitioner is seeking reimbursement for costs due to the inconsistencies on the form.  

 

Petitioner marks item 12(b)(4), but did not provide an Attachment 12 with the requisite information. Because the attorney is representing or employed by another party involved in this matter, the other party and the relationship must also be explained in Attachment 18a.  

 

Further, Petitioner indicates that the net balance is to be delivered to the parent of the minor. However, Petitioner failed to provide Attachment 19b(4) stating the name and address of the parent.  

 

Lastly, the Court is unable to locate the Order Approving Compromise (MC-351). MC-351 is required for the Court to approve the petition.   

 

Petitioner must file a new petition curing the above-noted defects at least 9 court days before the continued hearing date. ¿¿¿¿ 

 

Moving party is ordered to give notice.