Judge: William A. Crowfoot, Case: 21STCV39128, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV39128    Hearing Date: December 7, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Abril Sotelo (“Claimant”), a minor, by and through their parent and guardian ad litem, Eneida Dominguez (“Petitioner”), has agreed to settle their claims against Defendant Emilia Mendoza in exchange for $60,000.  If approved, $10,242.62 will be used for medical expenses and $19,998.00 will be used for attorney’s fees, leaving a balance of $29,759.38 for Claimant to be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.”  (CRC 7.950.) 

In a previous tentative ruling issued on November 18, 2022, the Court ordered Petitioner to provide evidence that Claimant’s medical providers have agreed to reduce their charges.  On November 21, 2022, instead of filing a revised petition, Petitioner’s counsel filed a declaration stating that “[their] office” spoke to the medical providers and they agreed to reduce their rates.  This declaration is insufficient.  Petitioner must submit written confirmation of Claimant’s finalized medical expenses.  Accordingly, the hearing on this petition is CONTINUED to January 13, 2023 at 1:30 p.m. so that Petitioner may submit a revised petition and additional evidence.  A revised petition MUST be filed no later than January 5, 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.