Judge: Steven A. Ellis, Case: 19STCV30762, Date: 2025-03-19 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: 19STCV30762    Hearing Date: March 19, 2025    Dept: 29

Seneviratne v. Baldwin
19STCV30762
Petition to Approve Minor’s Compromise for William Seneviratne (Age 17).

 

Tentative  

 

The Court excuses the personal appearance of the claimant and the guardian ad litem.

 

Petitioner filed a petition for Claimant William Seneviratne on February 19, 2025. The Court has reviewed the petition, and notes the following deficiencies.

 

First, in Item 16e of the Petition, an incorrect amount is listed.  It appears that the correct amount should be $695,817.52.

 

Second, there is no other evidence of a guardianship of the state or the minor or a conservatorship of the estate of an adult person with a disability.  Unless there is a guardianship of the estate or a conservatorship of the estate, item 18a should not be completed; if there is a guardianship of the estate or a conservatorship of the estate, the petition should list the probate division case number.

 

Third, on the proposed order filed on form MC-351, Item 8a is incorrectly completely. Item 8a(2) should include the expenses of counsel to be reimbursed. Item 8a(3) should list the medical expenses to be reimbursed to each provider. Attachment 8a(3) should be attached and include any medical professionals to be reimbursed that cannot be included on page 2 of the proposed order. Item 8a(5) should list $695,817.52, the total expenses to be reimbursed from the settlement.

 

Fourth, on the proposed order filed on form MC-351, as Petitioner elects to deposit funds into a blocked account, Item 9 should be completed.

 

Fifth, as Petitioner elects to deposit funds into a blocked account, a proposed order on form MC-355 is required to be filed.

 

A new petition and new proposed orders must be filed to address these deficiencies before minor compromise can be approved.

 

Accordingly, the Petition for William Seneviratne (Age 17)is CONTINUED from 03/19/2025 to __/__/2025 at 1:30 PM in DEPT. 29 at SPRING STREET COURTHOUSE.