Judge: Anne Hwang, Case: 21STCV44308, Date: 2024-03-04 Tentative Ruling

Case Number: 21STCV44308    Hearing Date: March 4, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor, Michael Rene, age 15. The Court denies the petition without prejudice for the following reasons.

First, an Application and Order for Appointment of Guardian ad litem must be granted before the Court will consider this petition. The last Application for Appointment was filed December 17, 2021 and was denied.

Assuming Petitioner is appointed guardian ad litem, the Court notes the following defects in the petition:

Petitioner claims that Claimant was pushed, resulting in broken front teeth, a right arm injury, and cognitive impairments. Petitioner states Claimant suffers from temporary injuries which include frontal headaches, right arm injury and symptoms, dizziness, nausea, vomiting, difficulty sleeping, difficulty concentrating, and loss of balance. However, Petitioner must include medical records or reports confirming Claimant’s injuries and a prognosis for recovery in attachment 8. Petitioner only included the results of an EEG conducted on April 6, 2023, which is insufficient to ascertain Claimant’s prognosis.

Petitioner must include more details about the terms of settlement in item 10c.

Petitioner indicates that $12,435.00 in medical expenses will be reimbursed from the proceeds (item 12a(4)). However, this amount does not conform with the amount in item 16b, or the values in 12b(4), (5). According to the Medi-Cal lien and other lienholders, Claimant has $24,253.56 in outstanding medical liens. If this is correct, then Petitioner must also amend the values in 12a accordingly.

The amounts to be paid to lienholders specified in 12b(5) and attachment 12b(5) do not equal $18,344.28, which Petitioner stated was the sum the lienholders agreed to accept in item 12a(5)(ii). Petitioner must correct this amount accordingly.

Accordingly, the Court denies the petition without prejudice.

Petitioner shall give notice and file a proof of service of such.