Judge: Steven A. Ellis, Case: 22STCV03756, Date: 2025-03-04 Tentative Ruling

Case Number: 22STCV03756    Hearing Date: March 4, 2025    Dept: 29

Pardo v. Villa
22STCV03756
Expedited Petitions for Approval of Minors’ Compromises

 

Tentative

 

On January 31, 2022, Plaintiffs Eladia Pardo, Pedro Campos, Denis Campos (a minor), Alicia Campos (a minor), and Jonathan Campos (a minor) (collectively, “Plaintiffs”) filed the complaint in this action against Defendants Roberto Villa (“Defendant”) and Does 1 through 20.

 

Defendant filed an answer on February 1, 2023.

 

On June 10, 2024, Plaintiffs filed a Notice of Settlement of Entire Case.  The settlement was described as unconditional, and Plaintiffs stated that a request for dismissal would be filed within 45 days.

 

On June 12, 2024, the Court set an OSC re Dismissal for July 31, 2024.  There was no appearance at the OSC hearing on July 31, and the Court continued the OSC hearing to September 12, 2024 and set an OSC re monetary sanctions.

 

On September 12, 2024, counsel for Defendant appeared but counsel for Plaintiffs did not.  The Court imposed a monetary sanction of $250 on Plaintiffs’ counsel, continued the OSC re Dismissal to October 8, 2024, and set a further OSC re monetary sanctions.

 

On October 8, 2024, counsel for Defendant appeared but counsel for Plaintiffs did not.  The Court imposed a monetary sanction of $500 on Plaintiffs’ counsel, continued the OSC re Dismissal to October 29, 2024, set a further OSC re monetary sanctions, and ordered Plaintiffs’ counsel to appear in person.

 

On October 29, 2024, counsel for Defendant appeared but counsel for Plaintiffs did not.  The Court imposed a monetary sanction of $750 on Plaintiffs’ counsel, continued the OSC re Dismissal to November 18, 2024, set a further OSC re monetary sanctions, and ordered Plaintiffs’ counsel to appear in person.

 

On November 18, 2024, counsel for Plaintiffs appeared and represented that expedited petitions for minors’ compromises had been filed.  The OSC re monetary sanctions was discharged.  The Court continued the OSC re Dismissal to January 15, 2025.

 

Also on November 16, 2024, Plaintiffs filed three expedited petitions for minors’ compromises.

 

On December 2, 2024, the Court issued a Minute Order identifying certain specific issues with each of the three petitions.  The Court set a hearing for January 21, 2025.

 

On January 15, 2025, counsel for Plaintiffs appeared and requested additional time to submit corrected petitions.  The Court continued the hearings on the petitions for minors’ compromises to March 4, 2025, and continued the OSC re Dismissal to May 5, 2025.

 

Nothing has been filed since.

 

The petitions for minor’s compromises, filed on November 18, 2024, are denied without prejudice, for the reasons stated in the Court’s Minute Order dated December 2, 2024.

 

The Court NOTIFIES THE PARTIES that if the parties do not file appropriate papers to seek court approval of the settlement of the claims of the three minor Plaintiffs, the case is subject to dismissal at the OSC hearing on May 5, 2025, pursuant to California Rules of Court, rule 3.1385 (b) & (d).

 

The Judicial Assistant is directed to give notice.