Judge: Steven A. Ellis, Case: 22STCV30388, Date: 2025-05-09 Tentative Ruling

Case Number: 22STCV30388    Hearing Date: May 9, 2025    Dept: 29

Rogers v. C&J Food Company Inc.
22STCV30388
Petition for Approval of Minor’s Compromise for Claimant Salem Greigh (Age 4).

Tentative

The Court excuses the personal appearance of the claimant.  The guardian ad litem and counsel may appear by telephone or video conference call.  

On September 16, 2022, the six plaintiffs in this action, including four minors, filed the complaint against C&J Food Company Inc. (“Defendant”) and Does 1 through 50.

On January 12, 2023, Defendant filed an answer.

On June 17, 2024, Plaintiffs’ counsel filed motions to be relieved as counsel for each of the six plaintiffs.  Those motions were heard and granted on July 29, 30, and 31, 2024.

On December 23, 2024, Defendant’s counsel filed a notice of settlement of entire case signed by Destin Rogers, one of the adult plaintiffs.

On April 16, 2025, this petition for approval of minor’s compromise was filed with regard to claimant Salem Greigh.  The petition was filed by Defendant’s counsel.  It was prepared by and is signed by Defendant’s counsel.  It is verified by Destin Rogers as petitioner (and parent and guardian ad litem for Salem). 

The Court has reviewed the petition.  The Court notes that the following issues must be addressed before the Court can approve the petition.

First, as a threshold and potentially independently dispositive matter, it is unclear to the Court whether Destin Rogers can act as guardian ad litem and seek approval of the proposed settlement without representation.  A guardian ad litem may not appear in pro per, and an attorney may not simultaneously represent a plaintiff and a defendant in the same litigation matter.

Second, no medical records or proof of reduction of medical billing has been provided, as required.

Third, Attachment 11b(6) does not adequately address the reasons for apportionment of settlement.

Fourth, Attachments 17d and 17e are not attached, as required.

Fifth, Attachment 18b(2) is not attached, as required..

Sixth, on the proposed order filed on form MC-351, most of the order is blank. Item 1 is incorrect filled out, stating there is no hearing; a hearing was set for May 9, 2025 at 1:30 p.m.

Seventh, the Court notes that three other plaintiffs are minors, but not petitions have been filed in relation to their proposed settlements.

The hearing re Petition for Approval of Minor’s Compromise for Salem Greigh (Age 4) scheduled for 05/09/2025 is CONTINUED to __/__/2025 at 01:30 PM in Department 29 at Spring Street Courthouse.

In addition, in light of the absence of representation of the minor plaintiffs and their guardian ad litem, an OSC re Why the Court Should not Dismiss, Without Prejudice, the Claims of the Minor Plaintiffs Avah Aprea, Ashlynn Aprea, Jonathan Aprea, and Salem Greigh is set for __/__/2025 at 08:30 AM in Department 29 at Spring Street Courthouse.

Any response to the OSC must be in writing and must be filed at least five days prior to the OSC hearing.

Counsel for Defendant is ordered to give notice.