Judge: William A. Crowfoot, Case: 22STCV01598, Date: 2022-09-21 Tentative Ruling

Case Number: 22STCV01598    Hearing Date: September 21, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ANGELINA GANDARILLA, by and through her Guardian Ad Litem, Vanessa Gandarilla, et al.,

                   Plaintiff(s),

          vs.

 

LIBERTY LARA,

 

                   Defendant(s).

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      CASE NO.: 22STCV01598

 

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE COMPROMISE OF DISPUTED CLAIM

 

Dept. 27

1:30 p.m.

September 21, 2022

 

Nadia Gandarilla

Claimant Nadia Gandarilla (“Claimant”), a minor, by and through her mother and Guardian Ad Litem, Vanessa Gandarilla (“Petitioner”), has agreed to settle her claims against Defendant Liberty Lara in exchange for $15,000.  If approved, $4,434.41 will be used for medical expenses, $3,750 will be used for attorney’s fees, and $553.05 will be used for non-medical expenses, leaving a balance of $6,262.54 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

The hearing was continued so that Petitioner could submit a revised order.  The Court has reviewed the proposed order filed on September 14, 2022.  Item 2 does not identify Petitioner’s name and indicates that she is a “guardian”, even though there is no guardianship of the minor.  Also, Item 8a(2) still identifies $4,434.41 on the proposed order, which should be removed. 

The hearing on the petition is CONTINUED to October 5, 2022 at 1:30 p.m. so that a revised proposed order may be submitted.  The proposed order must be filed no later than September 30, 2022. 

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.

Angelina Gandarilla

Claimant Angelina Gandarilla (“Claimant”), a minor, by and through her mother and Guardian Ad Litem, Vanessa Gandarilla (“Petitioner”), has agreed to settle her claims against Defendant Liberty Lara in exchange for $15,000.  If approved, $4,568.51 will be used for medical expenses, $3,750 will be used for attorney’s fees, and $553.05 will be used for non-medical expenses, leaving a balance of $6,128.44 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Item 2 states that Petitioner is a “guardian” even though there is no guardianship of the minor.  Also, Item 8a(2) still identifies $4,568.51 on the proposed order, which should be removed.

The hearing on the petition is CONTINUED to October 5, 2022 at 1:30 p.m. so that a revised proposed order may be submitted.  The proposed order must be filed no later than September 30, 2022. 

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.