Judge: Michelle C. Kim, Case: 22STCV28540, Date: 2024-02-29 Tentative Ruling

Case Number: 22STCV28540    Hearing Date: February 29, 2024    Dept: 31

DEPT:  

31 

HEARING DATE: 

02/29/2024 

CASE NAME/NUMBER: 

22STCV28540 Francisco Polanco, et al. vs Fifteen Group Land & Development, LLC, et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

ANGEL DOMINGUEZ, Age 16 

RECOMMENDATION: 

DENY 

 

TENTATIVE¿ 

¿ 

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿ 

 

Plaintiffs have agreed to settle their claims against Defendant for the total amount of $268,500, with $6,500 being apportioned to Angel Dominguez (“Claimant”). If the settlement is approved, $2,336.94 will be used for medical expenses and $1,625 for attorneys’ fees.  The net balance of $2,538.06 will be invested deposited into a blocked account. 

 

The expedited petition filed on January 30, 2024 is denied for the following reasons: 

 

First, Petitioner improperly uses an expedited petition (MC-350EX). Aside from being an outdated version, the expedited petition is reserved for the total settlement amount payable to the minor and all other parties to be $50,000 or less. (CRC, rule 7.950.5(a)(8).) Here, Plaintiffs settled for $275,500.00 in total. Unless Petitioner can demonstrate that the amount settled for represents the insurance policy limit covering all proposed contributing parties, in order for it to fall under the exception provided in CRC, rule 7.950.5(a)(8)(A), Petitioner must otherwise use the regular petition on MC-350 [Rev. January 1, 2021].¿¿ 

 

Second, because Petitioner requests a portion of Claimant’s proceeds to be used for attorney’s fees, there must also be a copy of a written retainer fee agreement. None was provided.  

 

Lastly, Petitioner uses an outdated MC-351 [Rev. January 1, 2010] and MC-355 [Rev. January 1, 2007] form. On the new petition, aside from using a regular petition on MC-350 [Rev. January 1, 2021], Petitioner must also file using the most recent proposed order on MC-351 [Rev. January 1, 2021] and order to deposit funds into blocked account on MC-355 [Rev. January 1, 2021]. 

 

Petitioner, through Counsel, is instructed to carefully review MC-350 [Rev. January 1, 2021] when filing a new petition, and to provide all the requisite exhibit attachments depending on the items marked.  

 

 

 

Petitioner must reserve a new date and 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.