Judge: Steven A. Ellis, Case: 22STCV31739, Date: 2025-01-21 Tentative Ruling

Case Number: 22STCV31739    Hearing Date: January 21, 2025    Dept: 29

C.M. v. Burbank Unified School District
22STCV31739
Expedited Petition for Approval of Minor’s Compromise as to Claimant Criston Montova (Age 16)

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 December 20, 2024 for approval of a minor’s compromise for Claimant Criston Montova.

The Court notes that there are several issues that must be addressed before the petition can be granted.

First, Item 1 on proposed orders filed on forms MC-351 and MC-355 lists the incorrect department.

Second, total fees are summarized in Item 8a(1); they should be split between attorney’s fees and costs on Items 8a(1) and 8a(2). Item 8a(4) including costs leads to the potential for double payment of costs. Item 8b(1)  and 9a both appear to list the incorrect amount to be disbursed.

Third, no Attachment 8 was filed and thus the petition does not meet the requirements of showing “a diagnosis of the claimant's injuries or a prognosis for the claimant's recovery, and a report of the claimant's current condition.”

Fourth, no attorney declaration has been filed.

Last, no Attachment 18a(2) has been included.

Accordingly, the Petition for Criston Montova is CONTINUED to __/__/2025 at 1:30 PM  in DEPT. 29 at SPRING STREET COURTHOUSE.

Moving party to give notice.