Judge: Michelle C. Kim, Case: BC710096, Date: 2023-04-17 Tentative Ruling

Case Number: BC710096    Hearing Date: April 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Yvan Gauthier, Jane Gauthier (“Petitioner”), and James Gauthier, a minor by and through his guardian ad litem, Jane Gauthier filed this action against Defendant, Lydia Asrat (“Defendant”) for damages arising from a motor vehicle accident. Minor James Gauthier (“Claimant”) was a belted passenger in the back seat of the vehicle driven by his parents which was stopped at a red light when they were rear ended by Defendant’s vehicle. Claimant suffered low back and neck pain, headaches, feet numbness, and a possible concussion, but has recovered completely from the effects of the injuries.

The parties have agreed to settle the case for the total amount of $305,000, with $30,000 being apportioned to Claimant James, $175,000 to Petitioner Jane, and $100,000 to Yvan.  Pertaining to James, if the settlement is approved, $6,571.14 will be used for medical expenses, and $7,500 for attorney’s fees.  The net balance of $15,928.86 will be deposited into a blocked account. 

The Court cannot approve the petition as it is incomplete. Specifically, Items 9 and 10 are incomplete. Further, Petitioner has not provided any medical bills or proof of negotiated amounts. Petitioner has also not provided an explanation for the apportionment of settlement proceeds among the parties in Attachment 11b(6).

            The Petition is DENIED without prejudice.

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 17^th day of April 2023