Judge: William A. Crowfoot, Case: 21STCV00543, Date: 2022-12-05 Tentative Ruling

Case Number: 21STCV00543    Hearing Date: December 5, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LEDONNE SANTISTEVAN, et al.,

                   Plaintiff(s),

          vs.

 

EMERICARE, INC., et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 21STCV00543

 

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

 

Dept. 27

1:30 p.m.

December 5, 2022

 

Claimant Leona Ciccaglione (“Claimant”), a person with a disability, through their guardian ad litem and daughter, LeDonne Santistevan (“Petitioner”), has agreed to settle their claims against Defendants Emericare Inc., Emeritus Corporation, Brookdale San Dimas, and Cara Kneedy-Cayem in exchange for $400,000.  If approved, $1,269.50 will be used for medical expenses, $160,000 will be used for attorney’s fees, and $7,978.96 will be used for non-medical expenses, leaving a balance of $230,751.54 to be paid or delivered to Claimant. 

The petition is deficient.  First, Item 2 of the petition does not identify whether Claimant has the capacity to consent to the requested order or a conservator of the estate, therefore the Court cannot evaluate whether the funds should be distributed directly to Claimant.  Second, Item 11 is incomplete.  Third, there is no evidence of the entity or amount to be reimbursed for Claimant’s medical expenses.  Fourth, Item 11 of the proposed order approving the compromise is incomplete.  

Accordingly, the hearing on this petition is CONTINUED to January 6, 2023 at 1:30 p.m. in Department 27.  A revised petition and proposed order should be filed no later than January 2, 2023.  Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Petitioner and Claimant’s appearances are not necessary, but will require Petitioner’s counsel to appear. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.