Judge Steven A. Ellis, Case Number: 19STCV20094, Date: 2024-12-17 Tentative Ruling

Judge: Steven A. Ellis, Case: 19STCV20094, Date: 2024-12-17 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: 19STCV20094 Hearing Date: December 17, 2024 Dept: 29

Meza v. Ocampos
19STCV20094
Petitions for Approval of Minors’ Compromises for Claimants Starr Olabaza (Age 16) and David Meza (Age 13).

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 Petitions for Approval of Minors’ Compromises and the proposed orders filed on November 6, 2024. The Court finds several issues that must be addressed before the Court can approve the petitions.

First, Attachment 11b(6) does not address the reason for apportionment of the settlement. It is unclear, even after review of Attachment 11b(3), why one claimant is to receive $2,500 and the other $8,000 when neither incurred medical damages. Further, there is little to no discussion as to Petitioner’s settlement and apportionment.

Second, the Attorney-Client Fee Agreement is illegible.

Third, it appears that the Petitions may seeks duplicative costs as $450 is sought in both petitions from both of Claimants’ settlements to cover the same fees of the complaint filing fee and police reports.

Fourth, Item 17f contends petitioner’s attorney is to be paid by Defendant Violet Mary Campos, either $650 as listed on Claimant Starr’s petition, or $2,000 as listed on Claimant David’s petition.

Last, Item 1 on all proposed orders lists the incorrect hearing date and department as this matter was recently transferred to Department 29.

These issues must be addressed before the Court can approve the Petition.

Accordingly, the Court CONTINUES the hearing re Petitions for Approval of Minor’s Compromise for Starr Olabaza (Age 16) and David Meza (Age 13) to __/__/2025 at 01:30 P.M. in Department 29 of the Spring Street Courthouse.

Moving party to give notice.