Judge: Michelle C. Kim, Case: 22STCV08627, Date: 2023-10-19 Tentative Ruling

Case Number: 22STCV08627    Hearing Date: April 8, 2024    Dept: 31

DEPT:  

31 

HEARING DATE: 

4/8/2024 

CASE NAME/NUMBER: 

22STCV08627 DENNIS MILES-PATTON vs CHARLES W. ELIOT ARTS MAGNET ACADEMY 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

DENNIS MILES-PATTON, Age 15 

RECOMMENDATION: 

Deny. 

 

TENTATIVE¿ 

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Claimant Dennis Miles-Patton (“Claimant”) agreed to settle his claims against Defendant for the total amount of $37,500. If the settlement is approved, $9,218.01 will be used for attorneys’ fees, and $627.99 will be used for costs.  

 

The petition filed on February 1, 2024 is denied for the following reasons: 

 

Because Petitioner seeks attorney fees from Claimant’s settlement, Attachment 13a (declaration from attorney explaining the basis for the request discussing applicable factors in Cal. Rules of Court, rule 7.955(b)) is mandatory. No attorney declaration was provided.  

 

Lastly, Petitioner did not indicate where the net balance of $27,654.00 is to be delivered. Item 18 has not been properly completed. The Court surmises that Petitioner intends to deposit the net settlement into a blocked account, considering that an Order to Deposit Money Into Blocked Account (MC-355) was filed. As such, Item 18b and 18(b)(2) must be checked, and Attachment 18b(2) with the requisite information must be provided. 

 

Petitioner must file a new petition curing all the above noted defects at their earliest convenience.   

 

Moving party is ordered to give notice.