Judge: Michelle C. Kim, Case: 23STCV16655, Date: 2024-06-04 Tentative Ruling
Case Number: 23STCV16655 Hearing Date: June 4, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 06/04/2024 |
CASE NAME/NUMBER: | 23STCV16655 CHRISTOPHER CAPPELLI, et al. vs ZOHRAB BARSEGHYAN, et al. |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | Connor Cappelli, Age 4 |
RECOMMENDATION: | DENY |
TENTATIVE¿
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The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿
Plaintiffs agreed to settle their claims against Defendants for the total amount of $34,452, with $17,453 (or $17,483) being apportioned to Connor Cappelli (“Claimant”). If the settlement is approved, $3,663.99 will be used for medical expenses, $4,370.75 will be used for attorneys’ fees, and $373.15 will be used for costs. The net settlement will be deposited into a blocked account.
The petition filed on April 24, 2024 is denied for a couple reasons:
First, there is a discrepancy in the amount to be apportioned to Claimant. Item 10(a) on MC-350 provides that the amount offered to Claimant is $17,453, based on the added sums of $14,999 and $2,454. However, the amount provided in Item 16a is different, stating a gross amount of $17,483, and it is this sum in which Petitioner subtracted the expenses to attain the net settlement of $9,075.11. If $17,483 is erroneous, and the accurate gross settlement Claimant is in fact $17,453, then the net settlement should equate to $9,045.11. The Court is uncertain as to which figure is the correct amount. Petitioner is to review and correct any erroneous sums.
Second, Attachments 11b(3) and 11b(6) with the requisite information, as instructed on form MC-350, are absent from the petition.
Petitioner must cure the above-noted defects, and review the accuracy of the sums on MC-350, MC-351, and MC-355.
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.