Judge: Serena R. Murillo, Case: 19STCV32183, Date: 2023-03-16 Tentative Ruling

Case Number: 19STCV32183    Hearing Date: March 16, 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 Pending Action of Person with Disability. The Court finds the following defects preclude the granting of the petition at this time.

(1)  The costs listed only amount to $83,780.21, not $83,805.07 as listed under items 14(b), and 17(d) of the petition.

(2)  There is no evidence showing costs incurred, especially considering item 14(d) of the petition states that $75,375 was advanced to Plaintiff.

(3)  There are medical records attached to the petition, and counsel has not explained why there are no medical costs. If medical expenses were waived, proof is required.

(4)  Attachment 19b(8) of the petition states that Petitioner has obtained a Power of Attorney on behalf of his mother. He requests that he be allowed to open a Federal insured bank account for the benefit of his mother, Earlene Deen, and that he act as Power of Attorney. The funds shall then be deposited and used for the sole benefit of Earlene Deed. Petitioner anticipates using the funds for purchasing Earlene Deen's prescribed medication and/or daily necessities.  The Court requires a declaration signed under penalty of perjury by Petitioner attesting to this.

Accordingly, the Petition to Approve Compromise of Pending Action of Person with Disability is CONTINUED. Counsel is ordered to correct the defects listed above.

Moving party is ordered to give notice.