Judge: Steven A. Ellis, Case: 20STCV29835, Date: 2025-01-21 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: 20STCV29835    Hearing Date: January 21, 2025    Dept: 29

Castillo-Revolorio v. Hollywood Presbyterian Medical Center
20STCV29835

Petition for Approval of Minor’s Compromise as to Claimant Nathan Amaya-Castillo (Age 5).

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 a petition on December 30, 2024 for approval of a minor’s compromise for Claimant Nathan Amaya-Castillo.

The Court notes that there are several issues that must be addressed before the petition can be granted.

First, no proposed order on form MC-351 was filed.

Second, Attachment 8 does not meet the requirements of showing “a diagnosis of the claimant's injuries or a prognosis for the claimant's recovery, and a report of the claimant's current condition.”

Third, Attachment 11b(3) and 11b(6) states the total settlement is $150,000, with Claimant to receive $142,000 and Petitioner to receive $8,000; this does not match the numbers for the rest of the petition.

Fourth, Item 13b is incorrectly filed out, as it is totaled with 13a. Total listed should be $3,757, not $51,985.

Fifth, no attorney declaration or legal retainer agreement has been attached.

Sixth, Petitioner selects both options on Item 14, stating that Petitioner paid and did not pay expenses. Only one can be correct.

Last, Petitioner lists $90,015 to be deposited into an annuity. However, this amount does not match the balance as listed on Item 16(f), which in turn does not match the net balance on Item 15.