Judge: Steven A. Ellis, Case: 20STCV31741, Date: 2025-05-20 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: 20STCV31741 Hearing Date: May 20, 2025 Dept: 29
Garcia v. Brenon
20STCV31741
Expedited Petition for Approval of Minor’s Compromise for Claimant Analy Aguilar (Age 12).
Tentative
The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.
On March 5, 2025, Petitioner submitted petitions for approval of minors’ compromises for Jose Aguilar, Jr.; Maria Aguilar; and Analy Aguilar.
On April 10, 2025, the Court, on an Order to Show Cause re Dismissal, heard from counsel and set a hearing for May 20, 2025.
Later that same day, on April 10, 2025, Petitioner submitted a new petition for approval of a minor’s compromise for Analy Aguilar.
The Court now DENIES AS MOOT the petitions regarding Jose Aguilar, Jr. and Maria Aguilar. They have both reached the age of majority, and no petition for court approval of their settlements is necessary or appropriate.
As to the petition filed on April 10, 2025, regarding Analy Aguilar, the Court has reviewed the petition and identifies the following issues that must be addressed before the Court can grant the petition.
First, as Box 12b(5) is checked on the petition, Petitioner must submit an Attachment 12 that sets forth the reasons for the apportionment of the settlement payments among the claimant and each other plaintiff.
Second, no support is provided for the costs claimed by counsel.
Third, the financial institution for the deposit of blocked funds listed in the petition (Attachment 19b(2)) does not match the financial institution listed in the proposed order (Form MC-351, Item 9a).
Fourth, on the proposed orders filed on forms MC-351 and MC-355, no hearing information has been provided.
Fifth, the signatures of petitioner and counsel bear dates of November 2022 and January 2023. If (as appears to be the case) anything in the petition has changed in the interim, new signatures are required.
These issues must be addressed before the Court can approve the Petition.
Accordingly, the Court CONTINUES the hearing re Expedited Petition for Approval of Minor’s Compromise for Analy Aguilar (Age 12) to __/__/2025 at 01:30 P.M. in Department 29 at Spring Street Courthouse.
Moving party is ordered to give notice.