Judge: Serena R. Murillo, Case: 20STCV45066, Date: 2022-10-05 Tentative Ruling
Case Number: 20STCV45066 Hearing Date: October 5, 2022 Dept: 29
Emma
Alavez, et al. v. Donald McDermott
Expedited
Petition to Approve Compromise of Pending Action of Minors (Miguel Velasco, Age
15, Abraham Velasco, age 13, and Talia Velasco, age 6)
TENTATIVE
The Court has
reviewed the Expedited Petition to Approve Minors’ Compromise, (Miguel Velasco,
Age 15, Abraham Velasco, age 13, and Talia Velasco, age 6). The Court declines
to approve the Petitions 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
attach the retainer agreement with the clients and to submit declarations in
support of the fee request discussing the relevant factors identified in Cal
Rules of Court 7.955. Moreover, none of
the medical records are attached to the petition. Additionally, the proposed orders
granting the petition have not been filed. Lastly, item 19(b)(4) of all of the
petitions states that $500 is to be delivered to parent, but the net settlement
in each petition is less than that. Counsel should list the net settlement
amount under
this item.
Accordingly, the
Court schedules a hearing on this petition for November 17, 2022 in
Department SS-29. Counsel is to file a new petition correcting the error,
attach the medical records, a declaration and the retainer agreement, and file
the proposed orders granting the petitions.
Moving party is
ordered to give notice.