Judge: Serena R. Murillo, Case: 21STCV31342, Date: 2023-04-26 Tentative Ruling

Case Number: 21STCV31342    Hearing Date: April 26, 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 Petitions to Approve Compromise of Disputed Claim of Minors (Jasmarie Avila, age 16; Viktor Andres Avila, age 5; and Brisstelle Avila, age 13). The Court finds the settlement and requested attorney fees are reasonable, but several defects preclude the granting of the petitions at this time. 

First, Defendants have not been served with the petitions. 

Second, counsel has not filed the proposed orders granting the petitions. 

Third, counsel has not filed the proposed orders to deposit the funds into the blocked account. 

Fourth, the petition as to Viktor has spelled his name as Victor, but in the medical reports and application for guardian of litem, his name is spelled as Viktor. The Court inquires as to the correct spelling of his name as counsel may encounter issues with the bank when attempting to deposit the settlement funds into the blocked account. 

Fifth, as to Viktor’s petition, item 17e incorrectly states that the total expenses and fees amount to $3,750, when they only total $2,750. Although this error does not affect the settlement figures because the correct number is written under the net settlement amount, the Court will nevertheless ask counsel to correct it. 

Accordingly, the petitions are CONTINUED to May 31, 2023 at 1:30 p.m. in Department 29 at the Spring Street Courthouse. Counsel is ordered to file proposed orders granting the petition for all Claimants, file proposed orders to deposit funds into blocked account for all Claimants, correct Viktor’s petition as to item 17e, ascertain the correct spelling of Viktor’s name, and serve Defendants then file proof of service. 

Moving party is ordered to give notice.