Judge: Robert B. Broadbelt, Case: 22STCV12598, Date: 2024-09-24 Tentative Ruling

Case Number: 22STCV12598    Hearing Date: September 24, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

louise gill , et al.;

 

Plaintiffs,

 

 

vs.

 

 

ford motor company , et al.;

 

Defendants.

Case No.:

22STCV12598

 

 

Hearing Date:

September 24, 2024

 

 

Time:

10:00 a.m.

 

 

 

[tentative] Order RE:

 

(1)   petition for approval of compromise of claim for minor claimant ethan gill

(2)   defendants’ motion to seal

 

 

MOVING PARTY:                 Petitioner Louise Gill

 

RESPONDING PARTY:        Unopposed

(1)   Petition for Approval of Compromise of Claim for Minor Claimant Ethan Gill

MOVING PARTIES:              Defendants Ford Motor Company and South Bay Ford           

 

RESPONDING PARTY:       Unopposed

(2)   Motion to Seal

The court considered the moving papers filed in connection with the petition for approval of compromise of claim. [1]   No opposition papers were filed. 

The court considered the moving papers filed in connection with the motion to seal. No opposition papers were filed.

 

PETITION FOR APPROVAL OF COMPROMISE OF CLAIM ON BEHALF OF MINOR CLAIMANT

Petitioner Louise Gill (“Petitioner”) seeks court approval of the settlement made on behalf of minor claimant Ethan Gill (“Minor Claimant”) in this action.

The court notes two defects with Petitioner’s petition.

First, Petitioner did not lodge with the court a complete unredacted version of the proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” (Judicial Council form MC-351).  Specifically, the proposed order that was lodged with the court (1) does not complete all required sections, including by failing to set forth the terms of the settlement, and (2) attaches a redacted copy of Attachment 8b(2).

Second, the redacted version of the proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” that Petitioner filed with the court is not identified as “Public-Redacts materials from conditionally sealed record.” 

Thus, the court finds that it is appropriate, and therefore exercises its discretion, to continue the hearing on Petitioner’s petition for approval of compromise of claim in order to give Petitioner an opportunity (1) to lodge a complete unredacted copy of the proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” (Judicial Council form MC-351) with the court, and (2) to file a redacted version of the proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” that identifies it as “Public-Redacts materials from conditionally sealed record.” 

Because the motion to seal filed by defendants Ford Motor Company and South Bay Ford requests an order sealing information set forth in the petition for approval of compromise of claim on behalf of minor claimant, the court exercises its discretion to continue the hearing on the motion to seal to be heard at the same time as the petition for approval of compromise of claim on behalf of minor claimant.

 

ORDER

            The court orders that (1) the hearing on defendants Ford Motor Company and South Bay Ford’s motion to seal is continued to September 26, 2024, at 10:00 a.m., in Department 53, and (2) the hearing on petitioner Louise Gill’s petition for approval of compromise of claim on behalf of minor claimant is continued to September 26, 2024, at 10:00 a.m., in Department 53.

The court orders petitioner Louise Gill (1) to lodge with the court a complete unredacted version of the proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” (Judicial Council form MC-351), including by lodging unredacted copies of all necessary attachments, no later than September 25, 2024, at 12:00 p.m., and (2) to file a redacted version of the proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” that identifies it as “Public-Redacts materials from conditionally sealed record” no later than September 25, 2024, at 12:00 p.m.

The court orders petitioner Louise Gill to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  September 24, 2024

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court



[1] On September 17, 2024, the court granted the joint ex parte application filed by the parties and ordered that (1) the hearing on the motion to seal was advanced from October 7, 2024 to September 24, 2024, and (2) the hearing on the petition for approval of the compromise of claim was set for September 24, 2024.  (Sep. 17, 2024 Minute Order, p. 1.)