Judge Peter A. Hernandez, Case Number: 24PSCP00070, Date: 2024-04-15 Tentative Ruling

Petitioner Don Karlin’s Petition to Modify Victim Restitution is TAKEN OFF-CALENDAR [see below].

On February 7, 2024, Petitioner Don Karlin (“Petitioner”) filed the instant “Petition to Modify Victim Restitution” (“Petition”).

Petitioner moves the court for an order modifying the beneficiary of the restitution order issued in Case No. KA057115, a 2002 criminal matter against offender David A. Escoto (“Escoto”).

The court takes the Petition off-calendar. First, there is no evidence that Escoto was provided notice of the instant hearing date and served with a copy of the Petition. Second, Petitioner provides the court with no legal authority for the Petition. Third, the court is a civil department, not a criminal court. The court queries why the Petition was not filed in Case No. KA057115. The court does not have jurisdiction to issue any ruling. Fourth, Petitioner represents that Matt Caluza (“Caluza”) of the California Victim Compensation Board advised him to obtain an order signed by the presiding judge. (Karlin Decl., ¶ 5, Exh. 1). The court makes no analysis as to the correctness of Caluza’s instruction; regardless, the court is not the presiding judge. Fifth, Petitioner has not attached a copy of the original 2002 restitution order.

[1] The instant Petition was filed on February 7, 2024; it was not accompanied by a proof of service. On February 15, 2024, a “Notice of Hearing on Petition” was filed, wherein the court set the Petition for hearing on April 8, 2024; notice was given to Petitioner’s counsel. On March 13, 2024, a “Notice Re: Continuance of Hearing and Order” was filed, wherein the April 8, 2024 scheduled hearing was continued to April 15, 2024; notice was given to Petitioner’s counsel. There is no indication that David A. Escoto has been given notice of the April 15, 2024 hearing date.