Judge: Steven A. Ellis, Case: 22STCV23793, Date: 2024-09-19 Tentative Ruling
Case Number: 22STCV23793 Hearing Date: September 19, 2024 Dept: 29
Negrete
v. Barney
22STCV23793
Petition for Approval of Minor’s Compromise for Janelle Romero (Age 13)
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 petition and proposed orders filed on August
21, 2024. The following issues must be addressed before the Court can approve
the petition:
(1) Petition, Item 8. No
medical records for Claimant’s injury and showing complete recovery have been
attached, as required by No. 8 of the petition;
(2) Petition, Item 11a. Medical
expense section is incomplete, as No. 11a(1)-(4) are left blank; these sections
need to be completed;
(3) Petition, Item 11b. Reasons
for the apportionment of the settlement between Claimant and Plaintiff Wendy
Negrete has not been attached, as required by No. 11b(6);
(4) Petition, Item 13. Attorney
seeks 33 1/3% of the settlement, however, the Declaration of Manuel S. Boxler
does not sufficiently address the factors in California Rules of Court, rule
7.955(b), as required;
(5) Petition, Item 18. For the
disposition of balance for claimant, Items 18b and 18b(2) should be checked,
instead of Items 18a and 18a(3);
(6) Proposed Order. On the
proposed order, the reimbursement for Claimant’s attorney should be listed on
No. 8a(2), not 8a(4).
Therefore, the
Court CONTINUES the hearing on the Petitions to Approve Minor’s Compromise to
__/__/2024 at 1:30 p.m. in Dept. 29 at Spring Street Courthouse.
Moving party to
give notice.