Judge: William A. Crowfoot, Case: 19STCV34644, Date: 2023-04-17 Tentative Ruling

Case Number: 19STCV34644    Hearing Date: April 17, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ALAN EMMANUEL LOPEZ TORRES,

                   Plaintiff(s),

          vs.

 

ALHAMBRA UNIFIED SCHOOL DISTRICT, et al.,

 

                   Defendant(s).

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      CASE NO: 19STCV34644

 

[TENTATIVE] ORDER RE: EXPEDITED PETITION TO APPROVE COMPROMISE OF PERSON WITH DISABILITY

 

 

 

Claimant Alan Emmanuel Lopez Torres (“Claimant”), a person with a disability, by and through their parent/guardian ad litem/conservator, Norma Lopez, (“Petitioner”), has agreed to release their claims against Defendant Alhambra Unified School District in exchange for $ 50,000.  If approved, $12,500 will be used to pay attorney’s fees, and $11,048.02 will be used for non-medical expenses, leaving a balance of $ 26,451.98 for Claimant.   

There is a discrepancy between the petition and the proposed order approving the petition.  While Petitioner requests that the money be paid or delivered to her as Claimant’s conservator, the proposed order states that the settlement balance will be deposited into a blocked account and identifies a Citibank in Glendale.  If Petitioner wanted authority to deposit the funds into a blocked account, she should have checked Item 19a(2) on the Petition. 

Regardless, even if Petitioner wanted permission to deposit the settlement funds in a blocked account, the Court cannot approve the Petition at this time because there is no proposed order to deposit money on Form MC-355 that the Court can sign.  The Form MC-355 that was filed on December 21, 2022 states in Items 1 and 3 that Petitioner is Claimant’s parent.  As Claimant is not a minor but an adult with a disability, a revised proposed order to deposit money must be filed which additionally specifies that Petitioner is representing Claimant as their conservator.      

The Court continues the hearing to _______________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse.  All revised paperwork should be submitted no later than 2 weeks before the hearing date.