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.

Petition to Approve Compromise of Pending Action of a Minor (Alawn Brown, age 17

 

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.