Judge: Steven A. Ellis, Case: 22STCV21438, Date: 2024-05-03 Tentative Ruling

Case Number: 22STCV21438    Hearing Date: May 3, 2024    Dept: 29

Petition for Approval of Compromise of Minor (Max Torres-Lopez, Age 10) 
Petition for Approval of Compromise of a Person with Disability (Christina Villareal, Age 35).

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 petitions for the approval of minor’s compromise filed on April 11, 2024, and the proposed orders filed on April 29, 2024.

The Court finds that the following issues must be addressed in both petitions before the Court can approve the petitions:

(1)  Item 11b(6).  The reasons for the apportionment of settlement payments as among claimant and other plaintiffs must be set forth in an Attachment 11b(6).  No attachment provided.

(2)  Item 17e.  The Petitions state that counsel is not representing any other party involved in the matter.  It appears, however, that the same attorney is representing the two claimants as to which petitions have been filed, as well as two other plaintiffs in this action.  If this item was marked incorrectly, and the answer is that counsel is representing other parties in the matter, an Attachment 17e must be provided.

(3)  Item 18b(3).  Both Petitions state that the net settlement proceeds will be used to invest in a single-premium deferred annuity.  The terms and conditions of the annuity must be specified in Attachment 18b(3).  No attachment provided.  (Once this issue is addressed, a corresponding modification of the proposed order may also be required.)

(4)  Moreover, as to claimant Christina, the Petition includes an Attachment 18b(2).  That is to be used when Item 18b(2) is checked and the settlement proceeds will be deposited into a blocked account.  But here Item 18b(2) is not checked.  This inconsistency must be addressed.  (Once this issue is addressed, a corresponding modification of the proposed order may also be required.)

Accordingly, the hearings on these two Petitions are CONTINUED so that Petitioners may address these issues.

Moving party to give notice.