Judge: Serena R. Murillo, Case: BC719250, Date: 2023-04-11 Tentative Ruling

Case Number: BC719250    Hearing Date: April 11, 2023    Dept: 29

TENTATIVE 

On February 23, 2023, the Court reviewed the Petitioner’s Expedited Petition to Approve Minor’s (Natalie Melchor, age 15) Compromise. The Court found there are still several deficiencies precluding the granting of the petition, none of which have been corrected.

First, Petitioner failed to submit written verification of this negotiated reduction. The Court orders Petitioner to include a copy of the negotiated reduction with Tirsch & Lownberg Chiropractic in writing, prior to any approval of the Expedited Petition.

Second, there is a discrepancy in the amount of attorney’s fees requested. Section 14a. of the Expedited Petition requests that Petitioner’s counsel of record identify the “[t]otal amount of attorney’s fees for which court approval is requested[,]” to which Petitioner’s counsel identified $242.19. (Expedited Petition, Section 14a.) However, thereafter, within Section 17 of the Expedited Petition, when requested to identify the total amount of “[a]ttorney’s fees to be paid from the proceeds of settlement”, Petitioner’s counsel of record states $242.92. (Expedited Petition, Section 17c.) Petitioner must correct this discrepancy, and identify consecutively within the Expedited Petition exactly how much in attorney’s fees is requested.

Third, a copy of the parties’ retainer agreement is not attached to the petition.

Fourth, the proposed order states that medical expenses are $242.49, when they are listed as $242.92 throughout the petition.

However, Petitioner has not yet filed a new petition and proposed order correcting the defects. 

Accordingly, the Hearing on Expedited Petition to Confirm Compromise is CONTINUED to May 15, 2023 at 1:30 p.m.  Counsel is ordered to file a new petition and proposed order correcting the above identified defects.  Courts sets an OSC: Why Sanctions in the amount of $750 should not be imposed on Plaintiff's Counsel for failure to rectify the deficiencies identified in the Court's February 23, 2023 order. 

Court Clerk to give notice.