Judge Serena R. Murillo, Case 19STCV03727 2023-04-25 Tentative Ruling

Judge: Serena R. Murillo, Case: 19STCV03727, Date: 2023-04-25 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: April 25, 2023 Dept: 29

TENTATIVE

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.

Third, counsel should also include the agreement to reduce the medical expenses by Dr. Alan Forrest.

Fourth, the 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 deposited.

Counsel is ordered to correct the defects and file an amended petition and order, correcting all the defects described here. Matter is continued one final time to May 25, 2023 at 1:30 p.m.

Court also sets an OSC re: Why Sanctions should not be imposed in the amount of $1000 against Plaintiff's Counsel for failure to file an amended petition since the Courts May 10, 2022 minute order.

Moving party is ordered to give notice.