Judge: Serena R. Murillo, Case: 19STCV03727, Date: 2023-03-23 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: 19STCV03727 Hearing Date: March 23, 2023 Dept: 29
The Court has
reviewed the Petitioner’s Expedited Petition to Approve Minor’s Compromise. The Court
declines to approve the Petition as requested. As previously stated in the
Court’s 5/10/2022 minute order, there are several deficiencies precluding the
granting of the petition, which have not been corrected.
First, there are discrepancies in
the amounts listed for medical expenses throughout the petition. Item 14(a)(1)
states that medical expenses were $1,329.44 and reductions were $565.75, but
that medical liens are $2,171. Thus, it is unclear why there is a lien in the
amount of $2,171, when after subtracting the reduction from the original amount
in medical expenses, the amount would be less than the lien. Further item 14(f) lists a number for medical
expenses that is unintelligible, but it appears to be a number different than
14(a). Then, item 16 then lists medical expenses as $565.75, while item 18(b)
lists medical expenses as $881.50.
Second, the net balance for the
claimant is also inconsistently listed. The net balance is listed as $8,289.06 under
items 17 and 18(f) of the petition and in the order, but the net balance is
listed as $8,604.81 in item
20(a)(3)(a) of the petition.
should also include the agreement to reduce the medical expenses by Dr. Alan
proposed order lists allowance for fees and expenses as $4,381.50, but the
petition states $5,395.19. The proposed
order does not seek reimbursement for costs, but the petition does.
Fifth, there is a discrepancy between the
Petition and the Order as to how the settlement balance will be delivered. The
Petition states that the $8,604.81 will be paid or delivered to the guardian of
the estate of the minor. However, the Order states that the balance will be
deposited by check into a blocked account. Petitioner also must include
Attachment 19a(2) which specifies the money or other property and the name,
branch, and address of each financial institution in which the money will be
Counsel is ordered
to correct the defects and file an amended petition and order, correcting all
the defects described here. The hearing is continued to April 25, 2023 at 1:30 p.m.
Moving party is
ordered to give notice.