Judge: Steven A. Ellis, Case: 19STCV10975, Date: 2025-04-25 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV10975    Hearing Date: April 25, 2025    Dept: 29

Yasharal v. Wu
19STCV10975
Petitions for Approval of Minors’ Compromises for Claimants Aaron Soomekh (Age 17) and Ashley Soomekh (Age 15).

Tentative

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.  

Petitioner filed petitions and proposed orders for Claimants on March 27, 2025. The Court has reviewed the papers and notes that the following issues must be addressed before the Court can grant the petitions.

First, in both Petitions, Item 11b is incomplete.  Items 11b(2), b(3), and b(4) are left blank.

Second, in both Petitions, Item 12b(2) provides for the reimbursement of a private health insurance plan, but no supporting information is provided.

Third, in the Petition for Aaron, there appears to be an error in Item 13.  The attorney declaration states that the requested fee is 25 percent of the recovery, which would be $5,000.  Item 16c states that the requested fee amount if $5,000.  But Item 13a states that the requested fee is $6,666.66.  It appears that Item 13a should state that the requested fee is $5,000, but whatever the amount of the fee is, Items 13a and 16c should be consistent.

Fourth, in the Petition for Aaron, there appear to be multiple errors in Item 16.  Item 16e should be the sum of the amounts in Item 16b, 16c, and 16d.  It is not.  If the amounts in 16b, 16c, and/or 16d are incorrect, they should be corrected.  If the amounts in 16b, 16c, and 16d are correct, Item 16e should state that the total amount fees and expenses to be paid from the proceeds of the settlement is $5,887.35. 

Continuing with Item 16 for the Petition for Aaron, Item 16f should be the difference between the amounts in Item 16a and 16e.  It is not.  If the correct entry for Item 16e is $5,887.35, the correct entry for Item 16f is $14,112.65.

Fifth, in the Petition for Aaron, Item 18b(2) should be the corrected to correspond to the correct entry for Item 16f.

Sixth, in the Petition for Ashley, there appear to be multiple errors in Item 16.  Item 16e should be the sum of the amounts in Item 16b, 16c, and 16d.  It is not.  If the amounts in 16b, 16c, and/or 16d are incorrect, they should be corrected.  If the amounts in 16b, 16c, and 16d are correct, Item 16e should state that the total amount fees and expenses to be paid from the proceeds of the settlement is $4,710.88. 

Continuing with Item 16 for the Petition for Ashley, Item 16f should be the difference between the amounts in Item 16a and 16e.  It is not.  If the correct entry for Item 16e is $4,710.88, the correct entry for Item 16f is $7,289.12.

Seventh, in the Petition for Ashley, Item 18b(2) should be the corrected to correspond to the correct entry for Item 16f.

Eighth, on proposed order Form MC-351 for both Claimants, Item 8a(5) is left blank, and the amounts in Items 8b and 8b(1) appear to be incorrect (the amount in Item 8b is missing in the proposed order for Ashley).

Ninth, on proposed order Form MC-355 for both Claimants, no hearing date and time in included in Item 1, and the amounts in Item 4 appear to be incorrect.

New and complete petitions and proposed orders must be filed addressing these deficiencies and satisfying all applicable requirements.

Accordingly, the Court CONTINUES the hearing re Petitions for Approval of Minor’s Compromise for Aaron Soomekh (Age 17) and Ashley Soomekh (Age 15) scheduled for 04/25/2024 to __/__/2025 at 01:30 P.M. in Department 29 at Spring Street Courthouse.