Judge Steven A. Ellis, Case Number: 20STCV24465, Date: 2024-11-06 Tentative Ruling

Judge: Steven A. Ellis, Case: 20STCV24465, Date: 2024-11-06 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: 20STCV24465 Hearing Date: November 6, 2024 Dept: 29

Wilson v. Molina
20STCV24465
Petition to Approve Minors’ Compromises

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 petition filed on October 9, 2024 and notes the following issues that must be addressed before the Court can approve the petition(s):

(1) Petitioner files one petition for two Claimants, Maverick Louie Wilson and Jordan Rickey Wilson. (See Item 2.) A separate petition needs to be filed for each individual claimant.

(2) Attachment 13a is not an attorney declaration as required by California Rules of Court, rule 7.955(c).

(3) Petitioner does not attach a copy of the attorney-client fee agreement as required by Item 13a.

(4) Petitioner states she paid $7,500 in expenses that are to be reimbursed, but no proof of expense has been attached to this petition. (See Item 14b.)

(5) Item 15 lists the incorrect amount of net settlement for Claimants; the correct amount appears to be $10,714.79.

(6) Item 16e lists the incorrect total of fees and expenses; the correct amount appears to be $19,284.21.

(7) Item 16f lists the incorrect balance of settlement for Claimants; the correct amount appears to be $10,714.79.

(8) No proposed order, form MC-351, has been filed.

(9) No proposed order to deposit funds into account, form MC-355, has been filed.

Petitioner must address these issues before the petitions can be approved.

Accordingly, the Court CONTINUES the hearing regarding Petition for Approval of Minor’s Compromise set from 11/06/2024 to __/__/2024 at 1:30 PM in DEPT. 29 at SPRING STREET COURTHOUSE.