On 12/17/2019 CORY PERKINS filed an Other lawsuit against RITE AID. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******5436
12/17/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
PERKINS CORY
RITE AID
SHAYNE JOSHUA
1/28/2021: Notice of Ruling - Notice of Ruling
1/7/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Compromise of Disputed Claim) of 01/07/2021
1/7/2021: Minute Order - Minute Order (Hearing on Petition Compromise of Disputed Claim)
12/21/2020: Petition to Approve Compromise of Disputed Claim - Petition to Approve Compromise of Disputed Claim
11/30/2020: Minute Order - Minute Order (Hearing on Petition Compromise of Disputed Claim)
11/12/2020: Minute Order - Minute Order (Court Order)
11/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/12/2020
10/14/2020: Minute Order - Minute Order (Hearing on Petition Compromise of Disputed Claim)
9/24/2020: Substitution of Attorney - Substitution of Attorney
9/25/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem
7/22/2020: Petition (name extension) - Petition Supplemental Petition to Approve Minors Compromise
7/27/2020: Minute Order - Minute Order (Hearing on Petition Petition (name extension))
4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
12/17/2019: Petition (name extension) - Compromise of Disputed Claim
12/17/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
12/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
12/17/2019: First Amended Standing Order - First Amended Standing Order
12/17/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
DocketNotice of Ruling; Filed by: Rite Aid (Respondent)
DocketUpdated -- Petition to Approve Compromise of Disputed Claim: Filed By: Cory Perkins (Petitioner); Result: Granted; Result Date: 01/07/2021
DocketMinute Order (Hearing on Petition Compromise of Disputed Claim)
DocketCertificate of Mailing for (Hearing on Petition Compromise of Disputed Claim) of 01/07/2021; Filed by: Clerk
DocketHearing on Petition Compromise of Disputed Claim scheduled for 01/07/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/07/2021; Result Type to Held - Motion Granted
DocketPetition to Approve Compromise of Disputed Claim; Filed by: Cory Perkins (Petitioner); As to: Rite Aid (Respondent)
DocketMinute Order (Hearing on Petition Compromise of Disputed Claim)
DocketOn the Court's own motion, Hearing on Petition Compromise of Disputed Claim scheduled for 11/30/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 01/07/2021 10:30 AM
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 11/12/2020; Filed by: Clerk
DocketOn the Court's own motion, Hearing on Petition Petition (name extension) scheduled for 06/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 07/27/2020 09:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Hearing on Petition Petition (name extension) scheduled for 04/21/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/24/2020 09:00 AM
DocketCompromise of Disputed Claim; Filed by: Cory Perkins (Petitioner)
DocketCivil Case Cover Sheet; Filed by: Cory Perkins (Petitioner)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketHearing on Petition Petition (name extension) scheduled for 04/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 19STCP05436 Hearing Date: January 07, 2021 Dept: 25
1HEARING DATE: Thu., January 7, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Perkins v. Rite Aid PET. FILED: 12-17-19
CASE NUMBER: 19STCP05436
NOTICE: N/A
PROCEEDINGS: PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM
MOVING PARTY: Petitioner Cory Perkins on behalf of minor Claimant Kori Perkins
RESP. PARTY: None
PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM
(CCP § 372, CRC rule 7.950)
TENTATIVE RULING:
Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is GRANTED. Settlement proceeds of $2,000.00 are to be deposited in minor Claimant’s blocked account.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A
[ ] Correct Address (CCP §§ 1013, 1013a) N/A
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A
OPPOSITION: None filed as of January 5, 2021 [ ] Late [X] None
REPLY: None filed as of January 5, 2021 [ ] Late [X] None
ANALYSIS:
Background
On December 17, 2019, Petitioner
Cory Perkins (“Petitioner”), in pro per, as the parent of minor Claimant Kori
Perkins (“Claimant”) initiated this action by filing the instant Petition to
Approve Minor’s Compromise of Disputed Claim (the “Petition”) against
Respondent Thrifty Payless, Inc. dba Rite Aid, erroneously named as Rite Aid
(“Respondent”).
At the initial hearing on June 24, 2020, the Court noted the Petition was incomplete, that Petitioner did not file the required Proposed Order (Form MC-351) or Order to Deposit Money into Blocked Account (Form MC-355), and that he failed to properly serve Respondent with the Petition and Notice of Hearing. (6/24/20 Minute Order.) However, at the hearing, counsel for Respondent indicated he was assisting Petitioner with this matter and waived notice for the Petition and Notice of Hearing. (Id.) Petitioner filed late supplemental papers on July 22, 2020.
At the July 27, 2020 hearing, the Court noted several deficiencies with the Petition. Specifically, the Court noted that Petitioner had not yet been appointed Claimant’s guardian ad litem, that Petitioner requested lost wages of $336.00 but did not include proof, and that Attachment 18(e) was required because Respondent’s counsel assisted Petitioner in completing the Petition. (7/27/20 Minute Order.) The Court continued the hearing to allow Petitioner to correct the noted errors. (Id.)
On September 24, 2020, Petitioner filed a Substitution of Attorney indicating that Joshua Shayne with Kaufman Borgeest & Ryan LLP, Respondent’s counsel, was now also representing Petitioner. The following day, on September 25, 2020, Petitioner was appointed as Claimant’s guardian ad litem.
At the continued October 14, 2020 hearing, the Court noted that Petitioner did not submit any proof of lost wages of $336.00. (10/14/20 Minute Order.) The Court also noted that because Mr. Shayne had substituted in as Petitioner’s counsel, the Petition needed to include counsel’s declaration and a copy of the written fee agreement, if any fees were sought, as well as attachment 18(e). (Id.) The Court continued the matter to allow Petitioner an opportunity to file supplemental papers. (Id.)
At the continued November 30, 2020 hearing, the Court found that Petitioner attempted to electronically file the requested supplemental papers. (11/30/20 Minute Order.) The papers, however, were rejected and never made it to the Court’s docket. (Id.)
On December 21, 2020, Petitioner filed an Amended Petition.
Legal Standard & Discussion
Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500.
Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)
Having reviewed the Petition, the Court finds it to be complete. The Court notes that Petitioner seeks lost wages of $336.00 as an expense incurred that should be reimbursed out of Claimant’s settlement proceeds. (Pet., ¶¶ 14(b), 15(b).) The Petition states that proof for these expenses incurred must be attached. (See ¶ 15.) In response, Petitioner states that “none exist.” Thus, the Court declines to award this amount to Petitioner. The entire proposed settlement of $2,000.00, which is fair and reasonable in light of Claimant’s injuries, is to be deposited into a blocked account.
The Petition is GRANTED.
Conclusion & Order
For the foregoing reasons, Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is GRANTED. Settlement proceeds of $2,000.00 are to be deposited in minor Claimant’s blocked account.
Moving party is ordered to give notice.
Case Number: 19STCP05436 Hearing Date: November 30, 2020 Dept: 25
1HEARING DATE: Mon., November 30, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Perkins v. Rite Aid PET. FILED: 12-17-19
CASE NUMBER: 19STCP05436
NOTICE: N/A
PROCEEDINGS: PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM
MOVING PARTY: Petitioner Cory Perkins on behalf of minor Claimant Kori Perkins
RESP. PARTY: None
PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM
(CCP § 372, CRC rule 7.950)
TENTATIVE RULING:
Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is PLACED OFF CALENDAR.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A
[ ] Correct Address (CCP §§ 1013, 1013a) N/A
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A
OPPOSITION: None filed as of November 19, 2020 [ ] Late [X] None
REPLY: None filed as of November 19, 2020 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On December 17, 2019, Petitioner Cory
Perkins (“Petitioner”), in pro per, as the parent of minor Claimant Kori
Perkins (“Claimant”) initiated this action by filing the instant Petition to
Approve Minor’s Compromise of Disputed Claim (the “Petition”) against
Respondent Thrifty Payless, Inc. dba Rite Aid, erroneously named as Rite Aid
(“Respondent”).
At the initial hearing on June 24, 2020, the Court noted the Petition was incomplete, that Petitioner did not file the required Proposed Order (Form MC-351) or Order to Deposit Money into Blocked Account (Form MC-355), and that he failed to properly serve Respondent with the Petition and Notice of Hearing. (6/24/20 Minute Order.) However, at the hearing, counsel for Respondent indicated he was assisting Petitioner with this matter and waived notice for the Petition and Notice of Hearing. (Id.) The Court ordered Petitioner to file supplemental papers addressing the deficiencies noted by the Court at least 16 court days before the next scheduled hearing and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.) Petitioner filed late supplemental papers on July 22, 2020.
At the July 27, 2020 hearing, the Court noted several deficiencies with the Petition. Specifically, the Court noted that Petitioner had not yet been appointed Claimant’s guardian ad litem, that Petitioner requested lost wages of $336.00 but did not include proof, and that Attachment 18(e) was required because Respondent’s counsel assisted Petitioner in completing the Petition. (7/27/20 Minute Order.) The Court continued the hearing to allow Petitioner to correct the noted errors. (Id.)
On September 24, 2020, Petitioner filed a Substitution of Attorney indicating that Joshua Shayne with Kaufman Borgeest & Ryan LLP, Respondent’s counsel, was now also representing Petitioner. The following day, on September 25, 2020, Petitioner was appointed as Claimant’s guardian ad litem.
At the continued October 14, 2020 hearing, the Court noted that Petitioner did not submit any proof of lost wages of $336.00. (10/14/20 Minute Order.) The Court also noted that now that Mr. Shayne had substituted in as Petitioner’s counsel, the Petition needed to include a declaration from counsel and a copy of the written fee agreement, if any fees were sought, as well as attachment 18(e) because Mr. Shayne was representing both parties. (Id.) The Court continued the matter to allow Petitioner an opportunity to file supplemental papers and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)
To date, no supplemental papers have been filed. Accordingly, the Petition is PLACED OFF CALENDAR.
Conclusion & Order
For the foregoing reasons, Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is PLACED OFF CALENDAR.
Moving party is ordered to give notice.
Case Number: 19STCP05436 Hearing Date: October 14, 2020 Dept: 25
1HEARING DATE: Wed., October 14, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Perkins v. Rite Aid PET. FILED: 12-17-19
CASE NUMBER: 19STCP05436
NOTICE: N/A
PROCEEDINGS: PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM
MOVING PARTY: Petitioner Cory Perkins on behalf of minor Claimant Kori Perkins, in pro per
RESP. PARTY: None
PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM
(CCP § 372, CRC rule 7.950)
TENTATIVE RULING:
Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED TO NOV 17, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers correcting the errors noted herein. Failure to do so may result in the Petition being placed off calendar or denied.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A
[ ] Correct Address (CCP §§ 1013, 1013a) N/A
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A
OPPOSITION: None filed as of October 7, 2020 [ ] Late [X] None
REPLY: None filed as of October 7, 2020 [ ] Late [X] None
ANALYSIS:
Background
On December 17, 2019, Petitioner Cory
Perkins (“Petitioner”), in pro per, as the parent of minor Claimant Kori
Perkins (“Claimant”) initiated this action by filing the instant Petition to
Approve Minor’s Compromise of Disputed Claim (the “Petition”) against
Respondent Thrifty Payless, Inc. dba Rite Aid, erroneously named as Rite Aid
(“Respondent”).
At the initial hearing on June 24, 2020, the Court noted the Petition was incomplete, that Petitioner did not file the required Proposed Order (Form MC-351) or Order to Deposit Money into Blocked Account (Form MC-355), and that he failed to properly serve Respondent with the Petition and Notice of Hearing. (6/24/20 Minute Order.) However, at the hearing, counsel for Respondent indicated he was assisting Petitioner with this matter and waived notice for the Petition and Notice of Hearing. (Id.) The Court ordered Petitioner to file supplemental papers addressing the deficiencies noted by the Court at least 16 court days before the next scheduled hearing and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.) Petitioner filed late supplemental papers on July 22, 2020.
At the July 27, 2020 hearing, the Court noted several deficiencies with the Petition. Specifically, the Court noted that Petitioner had not yet been appointed Claimant’s guardian ad litem, that Petitioner requested lost wages of $336.00 but did not include proof, and that Attachment 18(e) was required because Respondent’s counsel assisted Petitioner in completing the Petition. (7/27/20 Minute Order.) The Court continued the hearing to allow Petitioner to correct the noted errors. (Id.)
On September 24, 2020, Petitioner filed a Substitution of Attorney indicating that Joshua Shayne with Kaufman Borgeest & Ryan LLP was now representing Petitioner. The following day, on September 25, 2020, Petitioner was appointed as Claimant’s guardian ad litem.
Legal Standard & Discussion
Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500.
Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)
The Court notes that Petitioner has not filed any supplemental papers correcting the errors noted in the Court’s July 27th Order. Specifically, no proof of the lost wages of $336.00 was submitted. In addition, now that Mr. Shayne is representing Claimant, the Petition must include a declaration from counsel and a copy of the written fee agreement, if fees are sought, as well as attachment 18(e) because counsel is representing both Petitioner and Respondent in this action. Accordingly, the hearing is CONTINUED one last time to allow Petitioner to file an amended and complete Petition.
Conclusion & Order
For the foregoing reasons, Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED TO NOV 17, 2020 at 10: 30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers correcting the errors noted herein. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.
Case Number: 19STCP05436 Hearing Date: July 27, 2020 Dept: 25
HEARING DATE: Mon., July 27, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Perkins v. Rite Aid PET. FILED: 12-17-19
CASE NUMBER: 19STCP05436 DISC. C/O: NONE
NOTICE: N/A MOTION C/O: NONE
TRIAL DATE: NONE
PROCEEDINGS: PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM
MOVING PARTY: Petitioner Cory Perkins on behalf of minor Claimant Kori Perkins, in pro per
RESP. PARTY: None
PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM
(CCP § 372, CRC rule 7.950)
TENTATIVE RULING:
Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED TO OCTOBER 14, 2020 at 10:30 a.m. in Department 25 at the Spring Street Courthouse. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers correcting the errors noted herein. Failure to do so may result in the Petition being placed off calendar or denied.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A
[ ] Correct Address (CCP §§ 1013, 1013a) N/A
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A
OPPOSITION: None filed as of July 24, 2020 [ ] Late [X] None
REPLY: None filed as of July 24, 2020 [ ] Late [X] None
ANALYSIS:
Background
On December
17, 2019, Petitioner Cory Perkins (“Petitioner”), in pro per, as the parent of
minor Claimant Kori Perkins (“Claimant”) initiated this action by filing the
instant Petition to Approve Minor’s Compromise of Disputed Claim (the
“Petition”) against Respondent Thrifty Payless, Inc. dba Rite Aid, erroneously
named as Rite Aid (“Respondent”).
At the initial hearing on June 24, 2020, the Court noted that the Petition was incomplete, that Petitioner did not file the required Proposed Order (Form MC-351) or Order to Deposit Money into Blocked Account (Form MC-355), and that he failed to properly serve Respondent with the Petition and Notice of Hearing. (6/24/20 Minute Order.) However, at the hearing, counsel for Respondent indicated he was assisting Petitioner with this matter and waived notice for the Petition and Notice of Hearing. (Id.) The Court ordered Petitioner to file supplemental papers addressing the deficiencies noted by the Court at least 16 court days before the next scheduled hearing and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)
On July 22, 2020, Petitioner filed late supplemental papers. To date, no opposition has been filed.
Legal Standard & Discussion
Court approval is required for all settlements of a minor’s claim. (See Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) “[A] minor, a person who lacks legal capacity to make decisions, . . . shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372.) Furthermore, a petition for court approval of a compromise of a minor must be fully completed. (See California Rules of Court, rule 7.950.5)
Having reviewed the amended Petition, the Court finds it is incomplete as follows:
MC-350 & MC-351 ¶¶ 3: Petition indicates that Petitioner is Claimant’s guardian ad litem but he has not been appointed as such. Petitioner must file Form CIV-010, Application and Order for Appointment of Guardian ad Litem – Civil.
MC-350 ¶ 14(b): Petitioner listed lost wages of $336.00 as expenses, and deducted them from the Claimant’s total award. However, this expense was not listed under ¶ 15(b) to indicate he seeks reimbursement of that expense or include the required attachments.
MC-350 ¶ 18(e): Because petitioner checked off the box indicating that the attorney assisting him complete this Petition is representing or is employed by another party or an insurance carrier, Attachment 18(e) is required.
Petitioner is ordered to correct these errors.
Conclusion & Order
For the foregoing reasons, Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED TO OCTOBER 14, 2020 at 10:30 a.m. in Department 25 at the Spring Street Courthouse. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers correcting the errors noted herein. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.
Case Number: 19STCP05436 Hearing Date: June 23, 2020 Dept: 25
PETITION TO APPROVE MINOR’S COMPROMISE OF A DISPUTED CLAIM
(CCP § 372, CRC rule 7.950.5)
TENTATIVE RULING:
Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED TO SEPTEMBER 8, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO
[ ] Correct Address (CCP §§ 1013, 1013a) NO
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO
OPPOSITION: None filed as of June 18, 2020 [ ] Late [X] None
REPLY: None filed as of June 18, 2020 [ ] Late [X] None
ANALYSIS:
Background
On December
17, 2019, Petitioner Cory Perkins (“Petitioner”) as parent of minor Claimant
Kori Perkins (“Claimant”) initiated this action by filing the instant Petition
to Approve Minor’s Compromise of Disputed Claim (the “Petition”) against
Respondent Rite Aid (“Respondent”).
On April 15, 2020, the Court, on its own motion, continued the hearing to June 24, 2020 at 9:00 a.m. and ordered Petitioner to give notice of the change. (4/15/20 Notice re Continuance of Hearing.)
To date, no opposition has been filed.
Legal Standard & Discussion
Court approval is required for all settlements of a minor’s claim. (See Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) “[A] minor, a person who lacks legal capacity to make decisions, . . . shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372.) Furthermore, a petition for court approval of a compromise of a minor must be fully completed. (See Cal. Rules of Court, rule 7.950.)
Having reviewed the Petition, the Court finds it to be incomplete as follows:
¶ 3: Petitioner has not been appointed Claimant’s guardian, conservator, or guardian ad litem (Code Civ. Proc., § 372);
¶ 6: Box should be checked;
¶ 9: Attachment 9 indicates that blood work was ordered and that results were pending but does not include a prognosis of Claimant’s injuries or a report of Claimant’s present condition;
¶ 13: Must specify the amount of medical expenses
Petitioner also did not file the required Proposed Order (Form MC-351) or Order to Deposit Money into Blocked Account (Form MC-355). Furthermore, Petitioner did not file a proof of service demonstrating Respondent was properly served with the Petition and Notice of Hearing, or with the notice of continuance as ordered by the Court on April 15, 2020.
Thus, Petitioner is ordered to file and serve supplemental papers addressing these deficiencies.
Conclusion & Order
For the foregoing reasons, Petitioner Cory Perkins’ Petition to Approve Minor’s Compromise of Disputed Claim is CONTINUED to September 9, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.
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