Judge: Serena R. Murillo, Case: 22STCV05636, Date: 2023-04-19 Tentative Ruling
Case Number: 22STCV05636 Hearing Date: April 19, 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 Disputed Claim of a Minor (Isaac
Rossil, Age 13; Nova Adams, Age 3; and Jayden Rossil, Age 11).
The
Court finds the settlement and requested attorney fees are reasonable, but several
deficiencies preclude the granting of the petitions at this time.
First, Defendants have not
been served with the petitions.
Second, the proposed order
granting the petition pertaining to Jayden incorrectly states his gross
settlement is $5,000, when it is $6,000. Further, the attorney fee amount on
the order states $1,478, when in the petition it states $1,478.65.
Third, the proposed order to
deposit into the blocked account pertaining to Jayden incorrectly states he is
to receive $2,340, when the petition states the amount is $2,340.95.
Fourth, the proposed order granting the petition
pertaining to Isaac states that the total allowance is $3,057.73, but the
petition states it is $3,057.64.
Accordingly, the petitions are
CONTINUED to May 18, 2023 at 1:30 p.m. Counsel is ordered to file corrected proposed orders granting the
petition for Jayden and Isaac, file a corrected order to deposit into blocked
account for Jayden, and serve Defendants then file proof of service.
Moving party is ordered to give notice.