Judge: Steven A. Ellis, Case: 22STCV18183, Date: 2025-05-15 Tentative Ruling
Case Number: 22STCV18183 Hearing Date: May 15, 2025 Dept: 29
Jackson v.
Alistun
22STCV18183
Petition for Approval of Minor’s Compromise for Claimant Akaylah Jackson (Age 11).
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 April 23, 2025. The Court has reviewed the petition and notes the following issues that must be addressed.
First, Item 3 of the Petition is completed incorrectly. Box 3a is checked but Box 3b should have been checked the required information completed.
Second, Petitioner does not provide Attachment 11b(6), which is required to explain the reasoning for the apportionment of the settlement payments between the claimant and each other plaintiff or claimant.
Third, Petitioner did not submit a proposed order to deposit funds into blocked account on form MC-355, which is required when a petitioner proposes to deposit funds into a blocked account.
Fourth, Petitioner submitted a proposed order approving compromise on an outdated form MC-351. Use of the current form (revised effective on January 1, 2021) is mandatory. In addition, Item 8a(2) [Item 7c(1)(b) on the outdated form] should list the $131.50 to be reimbursed to counsel, and Item 8a(3) [Item 7c(1)(c) on the outdated form] should list the expenses to be paid to medical providers. Additionally, Item 9c [Item 8c on the outdated form] must be completed.
To obtain approval, Petitioner must submit a new petition and new proposed orders.
On the Court’s own motion, the hearing re Petition for
Approval of Minor’s Compromise for Akaylah Jackson (Age 11) scheduled for 05/15/2025 is
CONTINUED to __/__/2025 at 01:30 PM in
Department 29 at Spring Street Courthouse.
Moving party to give notice.