CORY PERKINS VS RITE AID

Tentative Rulings

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

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:

1. 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.

1. 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 27^th 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.

1. 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

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:

1. 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.

1. 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.

1. 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:

1. 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.

1. 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.

1. 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.