Judge: Serena R. Murillo, Case: BC653985, Date: 2022-10-03 Tentative Ruling
Case Number: BC653985 Hearing Date: October 3, 2022 Dept: 29
Kevin Brown, et al. v. Soria Marco Vincio Sr.
TENTATIVE
The Court excuses the personal appearance of Claimant and the
guardian ad litem. Counsel may appear by telephone or video conference
call.
On April 8, 2022, the Court granted the Petition with the
following distribution:
|
Attorney’s fees (25%) |
$6,400 |
|
Medical expenses |
$2,880.28 |
|
Costs |
$30 |
|
Total fees and costs |
$9,310.28 |
|
|
|
|
Total Settlement |
$25,600 |
|
Less credits |
$9,310.28 |
|
Net Settlement to be deposited into blocked account |
$16,289.72 |
The Court directed counsel to file a
new proposed order approving the minor’s compromise and a new order to deposit
money into blocked account with the above stated distribution, but counsel has
yet to do so.
On May 26, 2022, the Court continued
the petition so that counsel may follow the Court’s order.
On June 27, 2022, the Court continued
the matter again to allow counsel to file the amended orders.
On July 21, 2022, Petitioner’s counsel
failed again to file amended orders with the distribution awarded on April 8,
2022. As such, the Court DENIED the petition without prejudice.
Now, counsel has filed the proposed
orders, but has not yet filed a new petition. As such, counsel is ordered to
file a new petition. In addition, the Court notes the proposed order for the
blocked account incorrectly states the net settlement amount for minor. As
such, counsel is also ordered to file a new blocked order. Lastly, the proposed
order granting the petition is missing attachment 7c(1)(c), which should
provide information about additional medical providers. As such, counsel is
ordered to file the attachment.
Accordingly, the Petition
to Approve Compromise of Pending Action of a Minor (Alawn Brown, age
17) is CONTINUED to 11/2/2022. Counsel is ordered to file a new
petition, the missing attachment to the proposed order granting the petition,
and a new proposed order for the blocked account, correcting the deficiency
described in the court’s order this day.