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
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22STCV12598 |
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September
24, 2024 |
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[tentative]
Order RE: (1)
petition
for approval of compromise of claim for minor claimant ethan gill (2)
defendants’
motion to seal |
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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:
_____________________________
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.)