Judge Serena R. Murillo, Case 19STCV033542 2023-01-19 Tentative Ruling

Judge: Serena R. Murillo, Case: 19STCV033542, Date: 2023-01-19 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)

IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.

ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV033542 Hearing Date: January 19, 2023 Dept: 29

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of Minor (Sophia Morteleeno, age 14). The Court finds the settlement is reasonable, however, several deficiencies preclude the granting of the petition at this time.

First, counsel has not filed a declaration discussing the factors set forth in Cal Rules of Court, Rule 7.955(b) in support of his attorney fee request.

Second, Defendants have not been served with the petition.

Third, there are no medical records attached to the petition.

Fourth, the amount to be disbursed from the settlement proceeds for medical expenses are listed inconsistently throughout the petition and proposed order. Item 12(a)(4) of the petition states medical expenses are $3,170, but the summary (item 16(b) of the petition) states medical expenses are $2,330. Moreover, the proposed order states that medical expenses are $2,479.35.

Fifth, the total allowance for fees and expenses in the proposed order incorrectly states $2,479.35, when it is $6,854.35.

Sixth, item 7(c)(1)(c) should list the amount of medical expenses each medical provider will be receiving from the settlement proceeds.

Accordingly, the petition is CONTINUED. Petitioner is ordered to correct the deficiencies listed above by filing a new petition and proposed order and including all the items that have been identified above.

Moving party is ordered to give notice.