Case Number: BC478416    Hearing Date: August 01, 2014    Dept: 97

Superior Court of California
County of Los Angeles
Department 97

JOSHUA AZCUI, a minor, by and through his guardian ad litem, JUDITH DIAZ
Plaintiff,
v.

SUPERIOR GROCERS, et al.,
Defendants.
Case No.: BC 478416

Hearing Date: August 1, 2014, continued from June 10, 2014

[TENTATIVE] ORDER RE:
PLAINTIFF’S MOTION FOR RELIEF FROM DISMISSAL

Plaintiff’s motion for relief from dismissal is granted pursuant to the mandatory provision of CCP §473(b). The declaration of George Singer provides sufficient evidence to demonstrate that this action was dismissed because of the excusable neglect of his law office’s failure to calendar the April 1, 2014 hearing date, and his own failure to provide the Court with a declaration regarding the changed dollar amounts of the Petition for Approval of Compromise of Disputed Claim of Minor.

Re Petition for compromise of disputed claim of minor
MOVING PARTY: Plaintiff

TENTATIVE RULING: The Court has reviewed the petition and finds the settlement fair and reasonable. The parties have an agreement for attorneys’ fees, which is attached to the petition. Petitioner has submitted copies of the relevant medical report. The petition is properly verified by Petitioner. Petitioner has timely filed notice of the hearing on the petition on Defendant.
1. THE AMENDED PETITION, FILED JULY 17, 2014, HAS NOT BEEN VERIFIED BY PETITIONER. COUNSEL MUST EITHER BRING A VERIFIED PETITION TO THE HEARING OR HAVE PETITIONER PRESENT TO VERIFY THE AMENDED PLEADING AT THE HEARING.
2. NO DECLARATION PURSUANT TO CRC 7.955(b) HAS BEEN PROVIDED. A DECLARTION BY THE ATTORNEY CONTAINING THE INFORMATION REQUIRED BY THIS RULE MUST BE PRESENTED AT THE HEARING.
3. NO PROPOSED ORDER FOR DEPOSIT OF FUNDS (Form MC-355) HAS BEEN LODGED AND MUST BE PROVIDED AT THE HEARING.
If these requirements are met, the Court will be inclined to grant the petition.