Judge: Serena R. Murillo, Case: 20STCV29746, Date: 2022-09-15 Tentative Ruling

Case Number: 20STCV29746    Hearing Date: September 15, 2022    Dept: 29

Rosa Montenegro Mijares, et al. v. Juan Carlos Bermudez, et al.
Expedited Petition to Approve Compromise of Pending Action of Minor (Hector Montenegro, Age 14)

TENTATIVE

The Court has reviewed the Petitioner’s Expedited Petition to Approve Minor’s Compromise without a hearing pursuant to Cal Rules of Court 7.950.5. The Court declines to approve the Petition as requested. Pursuant to Cal Rules of Court 7.950.5(c)(3), the Court elects to schedule a hearing date to permit counsel to correct the following deficiencies:

(1)   Item 13(5) of the petition is incorrectly filled out. The medical expenses which are to be paid from the settlement are listed as $2,084, so the lien should be the same amount.

(2)   Item 19(a) of the petition is checked, indicating that there is a guardianship of the estate, however, the proposed order seeks to deposit the net settlement amount into a blocked account. Thus, item 19(b) should be checked instead of item 19(a), and item 19(b)(2) should also be checked, and the amount of the net settlement should be listed in item 19(b)(2).

(3)   Counsel should also attach the medical providers’ agreement to reduce the medical liens.

(4)   Defendant should also be served with the petition.

Accordingly, the Court schedules a hearing on this petition for 10/24/2022 at 1:30 p.m. in Department SS-29. Counsel is ordered to file a new petition correcting the defects five court days before the hearing. 

Moving party is ordered to give notice.